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(영문) 수원지방법원 2014.04.04 2013고단3545
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 2013, 2013, the Defendant: “FSET314, having access to the file tank (www.fil joint.co.kr) which is an Internet-sharing site to “C” and having a view to sexual intercourse between men and women by visiting the file tank (www.FST314) which is an Internet-sharing site in Suwon-si, Suwon-si, Suwon-si, Suwon-si, 102.108, and allowed many and unspecified members to download.a6, having a view to sexual intercourse between men and women.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Communications data meetings;

1. Application of Acts and subordinate statutes on internal investigation reports (referred to as obscene materials display screen pictures and screen pictures and screen pictures showing the reproduction of motion pictures), and documentary evidence materials;

1. Selection of a fine or fine under Article 74 (1) 2 or 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the main charge) of the provisional payment order;

1. On April 2013, 2013, the Defendant: (a) connected to the file tank (www.fil joint and several (www.co.k.), a website, the Internet-sharing site, “C” in accordance with FSET314, a head of the sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse. Avi, a child or juvenile pornography used in the title of “SET314, a head of the sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse.”

2. Determination

A. Article 2(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) defines “children, juveniles, or persons or representations that may be perceived as children or juveniles” as “children, juveniles, or children or juveniles,” but was wholly amended by Act No. 11572, Dec. 18, 2012.

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