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대구지방법원 2016.08.09 2016고정1231

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

The defendant is the user of P2P file IMO'C'.

1. On February 22, 2016, the Defendant violated the Act on the Protection of Children from Sexual Abuse, at around 23:25, 2016, openly displayed and distributed the files to the Defendant’s residence, such as: (a) the Defendant’s act of wearing school uniforms by accessing the file ID connected to the Defendant’s residence using the Internet; (b) the act of wearing school uniforms; and (c) the act of exposing sexual intercourses in which flags and adults appear and adults, in which he/she recorded their sexual intercourses into the sound book; and (d) “D and E” in which flag video files are downloaded, and the Defendant shared the files in P2P file glass so that other users can get access to them.

2. In violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of obscenity), Defendant 2 openly displayed and distributed obscene video files via an information and communications network, such as gathering one video files and sharing them jointly so that other users can download, by accessing the time and place under the above paragraph (1) in the same manner as the sexual organs of both men and women are exposed to sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by screen and cutting down a course of course;

1. Article 74 (1) 2 and Article 44-7 (1) 1 (the distribution of obscene materials through an information and communications network) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials for the use of children);

1. Selection of each alternative fine for punishment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The grounds for sentencing under Article 334(1) of the Criminal Procedure Act - None of any criminal record - Other factors of sentencing as indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, health status, home environment, motive, means, consequence, etc.