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(영문) 수원지방법원 성남지원 2019.02.12 2018고단2623
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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. He/she shall not sell, lend, distribute, or provide child or juvenile pornography for profit in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), or possess, transport, openly exhibit or screen such obscene materials for the purpose of profit;

Nevertheless, around July 2017, at the Defendant’s residence in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and the Defendant, using a computer, connected to “D”, which is an Internet file sharing site, using a computer, and thereafter, the Defendant posted five child and juvenile pornographys in the same manner as indicated in the list of crimes in the attached Table from the above date to June 28, 2018, for the purpose of collecting money by gathering points each time the above website members receive video downloads and selling them.

Accordingly, the Defendant distributed child or juvenile pornography for profit-making purposes.

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

Nevertheless, around July 2017, at the Defendant’s residence in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and Da, the Defendant connected the “D”, which is an Internet file sharing site via a computer, with a DNA “D,” and posted three video images, namely, “G,” and posted three cartoons, in which both men and women have sexual intercourse with each other, under the title of “H”.

Accordingly, the Defendant distributed obscene materials through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on closure data;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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