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(영문) 서울남부지방법원 2015.05.29 2015고단903
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 15, 2013, the Defendant, at around 15:53, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession), carried a child or juvenile pornography by downloading the file to Add(Iddd) with a P2P (Pererer) file website at the Defendant’s residence located in Yangcheon-gu Seoul Metropolitan Government, and by storing and keeping the file on the Defendant’s computer hard disc at around that time.

2. From the same date to March 3, 2015, the Defendant distributed child and juvenile pornography materials by sharing the files so that users of the file book-based website access to the Defendant’s computer hard disc using a P2P-based file connection program, and then allowing them to download the files.a6’s file to be downloaded.”

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The screen of the file lorging screen, the screen of the lorging screen, the lorging screen, the lorging screen, the results of response to subscriber personal information, the list of file format sharing, and

1. Application of Acts and subordinate statutes concerning obscene video CDs;

1. Relevant statutory provisions concerning criminal facts, Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Distribution of Child and Juvenile obscenity), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child and juvenile pornography), and the selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; Article 21 (2) of the Act on Protection of Children and Juveniles against Sexual Abuse;

1. The defendant does not have the same criminal records for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the case is.

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