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(영문) 대전지방법원 천안지원 2013.10.25 2013고단906
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person shall distribute, openly exhibit or exhibit child or juvenile pornography in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

Nevertheless, at around 16:50 on April 15, 2013, the Defendant, using computers No. 102 Dong 516, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnamcheon-gu, Seocheon-gu, 102, 516, connected to D, a P2P website, and then shared 5 dynamic images, such as a Vicky 10-hive video, 'Vicky 10-hives' video, which appeared and engages in a sexual act in return for receiving 1 30-hivers (points accumulated at the time of spreading obscene material distribution) from the 30-hive screen.

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

2. A person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall not distribute obscene codes, words, sound, images, or videos through information and communications networks

Nevertheless, the defendant, at the same time and place as in Paragraph 1, shares obscene video images of 60 minutes, such as sexual conduct and similar sexual conduct, as Japanese adults appear in the same day and place as in Paragraph 1.

Accordingly, the Defendant distributed obscene images using information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (D);

1. Data for the closure operation of theD course;

1. Data to capture the suspect's access pex;

1. A serverer list and a video programming room;

1. The total list of server servers and files;

1. Application of the Acts and subordinate statutes to a video closure range;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 11572, Dec. 18, 201); and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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