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(영문) 대전지방법원 2016.12.14 2016고단3095
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

No person shall possess, distribute, provide, openly exhibit or exhibit any child or juvenile pornography with the knowledge that it is a child or juvenile pornography.

From January 20, 2010 to May 26, 2016, the Defendant connected the Internet file sharing program using a computer at the Defendant’s home located in Daejeon Dong-gu, Daejeon, and possessed child and juvenile pornography as a means of downloading the child and juvenile pornography of “C” in which children and juveniles appeared as a sex object and storing them in the above computer around January 20, 2010, and distributed the aforementioned pornography in a way of downloading them to many and unspecified persons who use the above “e-Dke” program.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (Attachment to Child or Juvenile obscenitys, etc.), internal investigation report (verification of Intellectual Property Used by Suspected Persons), investigation report (the results of the execution of specific suspect and warrant of search, seizure and verification);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of child or juvenile pornography and the selection of fines) and Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child or juvenile pornography and the selection of fines) concerning criminal facts;

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

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

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Although it is not good for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, considering favorable circumstances, such as the recognition of and reflects on the crime, and the fact that there is no same kind of power, the defendant shall be given the provisional payment order.

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