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Reasons
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(영문) 서울서부지방법원 2017.02.08 2016고단3628
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From July 2010 to September 17:00, the Defendant, holding a child or juvenile pornography, received 270 files, including “C”, which is a child or juvenile pornography, from a computer installed in Seodaemun-gu Seoul, Seodaemun-gu, B lending 1, 303 at the same time, and received 270 files, which is a child or juvenile pornography, from July 1, 2010 to September 19, 201.

2. Around September 3, 2016, the Defendant distributed a video file “D” (No. 1 re-electronic files No. 1 in the list of crimes) through which a female juvenile’s sexual organ, etc. is exposed to an unspecified number of people in the same manner as the place indicated in paragraph (1) of the criminal facts, around September 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic investigation reports (related to attaching obscene materials for children or juveniles);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions and Article 11(5) of the Act on the Protection of Juveniles against Sexual Abuse (the possession of obscene materials by children), Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials by children), and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The amount of fine shall be determined by considering the following circumstances: (a) the number of obscene materials in possession of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the distribution of obscene materials is not likely to have been actively intentional; and (c) the initial offender is the first offender.

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