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(영문) 서울북부지방법원 2019.05.24 2019고합85
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. From September 10, 2018 to September 27, 2018, the Defendant, from around 19:14 on September 10, 2018, expressed to the effect that “The Defendant may collect money from the victim E (the age of 11) who is a child or juvenile by photographing a photograph or image as he/she send it to the victim’s victim E (the age of 11) by taking a bat, tamp, etc. of the victim’s body, bat, etc., and the Defendant’s house located in the second floor, from around 19:14 on the same day, he/she sent six photographs to the victim.”

As a result, the Defendant produced child or juvenile pornography that the victim appeared by using the victim.

2. Around June 26, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) posted six copies of pictures taken by using the Defendant’s cell phone at the Defendant’s home located in the Seoul Northern-gu building and the second floor to access the Defendant’s F account “G” by using the Defendant’s cell phone.

In addition, from around that time to July 10, 2018, the Defendant posted women’s b body photographs, self-definite images, etc. on seven occasions, such as the list of crimes in the attached list.

Accordingly, the Defendant displayed obscene images or videos openly using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. A report on the analysis of digital evidence;

1. The CD data (the file transmitted from the suspect);

1. The report of internal investigation (F Account G evidence list Nos. 1 in the name of evidence in this case appears to be the 'J' in the statement of evidence in this case), internal investigation report (which was purchased from 'G'), investigation report (which was accompanied by obscene video materials purchased from 'G'), and investigation report (the search and seizure warrant No. 2018-24310 reply).

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