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(영문) 수원지방법원 평택지원 2016.05.12 2015고단1946
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The sentence of sentence against the defendant shall be suspended.

A sexual assault treatment program for 24 hours against the defendant.

Reasons

Punishment of the crime

No person shall possess any obscene material for use by children or juveniles with the knowledge that it is a obscene material for use by children or juveniles, and shall distribute obscene material for use by children or juveniles.

Nevertheless, on September 17, 2015, from around 13:43 to 14:09, the Defendant: (a) made a brue with six parts of obscene materials for the use of children, where the head of a foreign woman’s sexual intercourse with her sexual intercourse with her sexual intercourse with her Internet P2P file sharing program, using eDrony, from the Defendant’s home located in Ansan-si N; (b) obtained six copies of obscene materials for the use of children where her sexual intercourse with her sexual intercourse with her sexual intercourse with her sexual intercourse; and (c) stored them in a computer, and shared them so that many and unspecified people can enjoy obscenity materials for the use of children through the said program.

In addition, from June 29, 2014 to September 25, 2015, the Defendant received a total of 114 obscene materials used by juveniles from around June 29, 2014 to around September 25, 2015, and shared them so that many and unspecified people can download them.

As a result, the Defendant knowingly possessed and distributed obscene materials for use by children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Photographs of a child or juvenile pornography file downloading to a child or juvenile pornography;

1. Application of Acts and subordinate statutes to report internal investigation (verification of the obscenity value of obscenity child pornography);

1. Article 11(3) (the distribution of obscene materials) and Article 11(5) (the possession of obscene materials) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2007Do1348, Apr. 1, 2007)

1. Order to complete a program under Article 21 of the Act on the Protection of Juveniles against Sexual Abuse;

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