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(영문) 서울중앙지방법원 2015.04.24 2014고단9542
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who uses E'AdiF.

1. On September 24, 2014, at the Defendant’s house located in Seocho-gu Seoul, Seocho-gu, 101 Dong 805 on September 24, 2014, the Defendant shared the dynamic images with multiple members, i.e., “EdiF” connected to E, an Internet file sharing site / [one] the lux Daegu Editer - two luxs, and the lux lower back of it, with the appearance of male, female, and high school students.

Accordingly, the Defendant shared and provided child and juvenile pornography to an unspecified number of members after storing them in his/her own computer.

2. The Defendant, in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution), shared video works with the content of sexual intercourse exposed to sexual gender and engaging in sexual intercourse by being exposed to sexual gender in a private teaching institute, on the same date, at the same place and place (Korean [Sphone] and crowdfunding, so that unspecified members may download them.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Video CDs;

1. E-Ad’s obscenity and connected IP screen;

1. The assertion and judgment of the subscriber specifications, the defendant and the defense counsel of the connected IP

1. The assertion and determination that it is obviously not recognizable as a juvenile

A. The act of distributing the above obscene materials does not constitute a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, since the person appearing in the alleged criminal facts is not clearly perceived as a juvenile.

B. Circumstances recognized by the above evidence, i.e., the primary content of the subject obscene material, is sexual intercourse, and the face of the appearing person.

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