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(영문) 부산지방법원 2013.11.06 2013고단6259
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

1. The defendant shall be punished by a fine of KRW 30 million.

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

No person shall possess any child or juvenile pornography, nor distribute, openly exhibit or show any child or juvenile pornography.

From January 12, 2009, the Defendant: (a) from around January 12, 2009, at the residential area of Dongjak-gu Seoul Metropolitan Government C Apartment 101 Dong 108, the Defendant used a hard disc used by linking to Nowon-gu in order to implement the Internet data sharing program; (b) (c) [Sphone] 02” used a hard disc in connection with the Defendant’s use by holding 10 obscene materials from the aforementioned place in order to store eMule/comling; and (d) distributed them to many and unspecified persons using the said program by linking to the Defendant’s street using it. (c) The Defendant held eMule/coming in connection with the Defendant’s sexual organ exposed to children and juveniles; and (d) distributed them to many and unspecified persons using the said program, from the aforementioned date to April 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report of investigative intelligence and a report of internal departure;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201);

1. Selection of each selective fine for punishment (including reflectivity and no criminal punishment);

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)1 of the Criminal Act for the detention of a workhouse;

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