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(영문) 서울중앙지방법원 2014.12.19 2014고단7826
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

Around August 2, 2012, the Defendant: (a) accessed the D site, a P2P site, where the Defendant was residing at the time of Osan City, Si, 103, to download various videos using his/her computer; and (b) possessed a video file (i) (i) (i) (i) (i) (i) (i) (i.e. (i)) (i) (i.e., a video recording the form of sexual intercourse or similar intercourse with an adult male and female child by contributing it to a female child and juvenile; and (iii) stored and kept the file on a computer from July 16, 2012 to September 21, 2012; and (iv) held a video recording using the computer, such as a video recording which has taken the form of sexual intercourse or similar behavior with an adult male and female child and juvenile, with the Defendant’s aforementioned contributions.

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 photograph by capturing a computer;

1. Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the selection of fines on criminal facts;

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 59 (1) of the Criminal Act (i.e., the first offender and the reflector; and (ii) circumstances leading to the instant crime);

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