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(영문) 광주지방법원 2018.01.19 2017고정1592
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who possesses and distributes obscene materials for use by a child or juvenile shall possess, distribute, provide, openly exhibit or exhibit them, knowing that they are obscene materials for use by a child or juvenile;

Nevertheless, around July 20, 2017, the Defendant possessed and distributed the files of “C” (hereinafter referred to as the dynamic images exposed to sex organ, etc.) using a Saturday program, a P2P Internet file sharing program, on Internet computers installed in Gwangju Mine-gu B and 301, Gwangju Mine-gu, Gwangju.

2. No person who possesses any child or juvenile pornography shall possess it with knowledge that he/she is a child or juvenile pornography;

Nevertheless, from early December 2010 to August 11, 2017, the Defendant received 237 files, such as “D,” from the Internet computer installed at the above place, using a p2P Internet file sharing program (P2P Internet file sharing program), as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (related to the distribution of child pornography) and investigation report (the results of execution of a search and seizure warrant and the analysis of hard disks);

1. Photographs of each video storage and a list of crimes;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials used by children and juveniles), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials used by children and juveniles), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include the following circumstances and the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

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