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(영문) 수원지방법원 2013.04.10 2012고단5638
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into a contract with 150,000 won per month to provide obscene materials, including child and juvenile pornography, through “D” operated by the website operated by the host-si B, which is the host-si B, and set up a container accessible to the relevant website on the eight screen of customer computers.

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall sell, lend, or distribute, for profit, a child or juvenile pornography, or possess, transport, openly exhibit or exhibit for such purpose;

Nevertheless, from March 16, 2012 to June 15, 2012, the Defendant received 150,000 won per hour from an unspecified number of customers from the above phone, and openly displayed them by receiving 5,000 won per hour for the use of the video files, etc. of the title “(3D)” which includes the face of Japanese young children and juveniles who are perceived as children and juveniles through the web site of “D” operated by C” operated by C, within the scope of the Defendant’s operation.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display any obscene codes, symbols, sound, images, or motion pictures through an information and communications network;

Nevertheless, the Defendant, at the place described in paragraph (1) from March 1, 2012 to June 15, 2012, via the aforementioned “D” website, up to 8 web pages “integrated 1 to Consolidated 8” and each page “Korean images, Japanese images, Western images, classical images, brue women, Brazil, 18 years old,” etc., was exposed to sexual intercourse and taken by a bulletin board divided by various theme.

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