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(영문) 서울서부지방법원 2014.01.28 2013고정1140
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

Nevertheless, around December 1, 2011, the Defendant, at the Defendant’s residence located in Mapo-gu Seoul Mapo-gu Seoul, connected the Internet file-sharing site to the “W.pruna.com” “C” and opened the video files of the title “Japan” on the bulletin board of the said website and let many unspecified persons view or download the video files.

The above video was a obscene material that shows a sense of sexual intercourse with a male by artificially exposing the head of a sexual relationship with a female by making a contribution to a Japanese young female as a Japanese AV video.

From that time, the Defendant distributed or displayed obscene images over a total of 214 times, such as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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