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(영문) 창원지방법원마산지원 2020.10.06 2020고단715
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of seven million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Around 14:32 on February 23, 2020, the Defendant, at the Defendant’s house located in Haban-gun B, carried a child or juvenile pornography by downloading a file of the title “D” containing a face-to-face of sexual intercourse with adults and storing it in the Defendant’s computer, which includes a face-to-face of sexual intercourse with adults.

2. On February 23, 2020, the Defendant: (a) committed a violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials); (b) committed a distribution of child and juvenile pornography and obscene images by having a large number of unspecified persons using C, from 14:32 on the same day to 17:57 on the same day, by downloading obscene materials, such as obscene materials as indicated in the list of crimes, in a place indicated in paragraph (1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (distribution of obscene materials) by using a P2P program C, which is a P2P program, and downloading them along with a downloaded file, which was stored in the Defendant’s computer.

Summary of Evidence

1. Defendant's legal statement;

1. A report on analysis of propagation;

1. Application of Acts and subordinate statutes to report internal investigation (related to on-site inspection) and photographs of the accused's residence;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same shall apply), Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same shall apply), Articles 74(1)2 and 44-7(1)1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, distribution of obscene materials), and selection of fines

1. The former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes shall be the largest punishment;

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