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(영문) 대전지방법원서산지원 2020.10.14 2020고단757
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment for six 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

1. On January 21, 2020, the Defendant: (a) held six obscene materials, such as “B” as indicated in attached Table 1, and distributed them using an Internet file-sharing program, at an influort site on January 21, 2020; and (b) distributed them using an Internet file-sharing program.

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 information with obscene codes, letters, sound, images, or motion pictures through an information and communications network;

At around 17:16 on January 21, 2020, the Defendant distributed seven obscene images, such as “C” and “C” as indicated in attached Table 2, using the Internet file sharing program, an Internet file sharing program.

Summary of Evidence

1. Defendant's legal statement;

1. An analysis report on the acts of spreading sirens, a report on the seizure of requested answer materials for communications data, and a list of seizure;

1. Application of each CD-record statute;

1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same shall apply), Article 11(5) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same shall apply), Articles 74(1)2 and 44-7(1)1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the distribution of obscene images), the selection of imprisonment for each of the types of punishment

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

1. Article 62 (1) of the Criminal Act;

1. The details and scale of obscene materials that the defendant possessed and distributed for the reason of sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant's mistake.

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