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(영문) 서울북부지방법원 2018.06.15 2018고단642
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall distribute or provide, openly exhibit or exhibit obscene materials for children or juveniles in the form of films, video products, game products, or images or videos, etc., which may obviously be perceived as children or juveniles, or acts of sexual intercourse using parts of the body, such as the mouth or anus, or implements, or all or part of the body or body, which may cause sexual humiliation or aversion of ordinary people, acts constituting self-defense, or other sexual acts, by expressing contents of an act constituting self-defense, or other sexual acts.

Nevertheless, around August 12, 2017, the Defendant distributed 11 children and juveniles pornography, including 'D', using the Internet file sharing program' in Seoul Special Metropolitan City, Nowon-gu C and 102 residential areas.

Summary of Evidence

1. Partial statement of the defendant;

1. Data to destroy a siren;

1. The defendant and his defense counsel did not know that the files which the defendant was familiar with the use of a given program were automatically shared, and thus, the defendant did not have the intent to distribute child or juvenile pornography to the defendant.

The argument is asserted.

It is argued that the defendant had no intention to distribute from the investigation stage to the court.

However, for more than two years, the Defendant has been using a cinema program to download motion pictures and artistic files, including files written in the list of crimes, and the number of files being downloaded or distributed on the camera screen at the time of implementation of a Saturday program is displayed, and when the file download is completed by 100%, the Defendant’s distribution begins and the number, speed, etc. of files to be downloaded are displayed.

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