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(영문) 부산지방법원 2014.04.09 2013고단5107
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

1. From March 6, 2013 to April 7, 2013, using computers installed with the Formula 1404, 104, Dong 1404 (D Apartment), which are Internet data sharing programs, “A Study” actually shows gender education. (A) A foreign male or female under title 1 (EM), exposed to sexual organ and distributed to many unspecified persons using the same program while holding a video file with adult female and sexual intercourse with an unspecified number of people using the same program, as shown in the separate sheet of crime, from the above date to April 7, 2013, using a computer installed with the 200 Form 1, which is an Internet data sharing program. (A) A foreign male or female under title 1, as well as a foreign male or female under title 2, was exposed to sexual organ and distributed to many and unspecified persons using the same program by obtaining four obscene materials using the same in the above method and storing them in the Defendant’s computer and using the same program.

2. At the same time and at the same place as in the preceding paragraph, the child and juvenile pornography in the manner of storing the Defendant’s computer hard disc “C” in the Defendant’s computer hard disc n.e. n. eule n. eule n. n.e.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Partial statement of witness E;

1. Police seizure records;

1. Application of each internal investigation report (with respect to child pornography held by the suspect, identification of the suspect, attachment of monitoring addition, voluntary submission of child pornography and protocol of examination of suspect) and statutes;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) applicable to criminal facts and Article 8 (4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 201); Article 8 (5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Order to complete a program;

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