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(영문) 서울중앙지방법원 2017.12.21 2017고단7087
아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials) shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography;

Nevertheless, the Defendant, at around July 3, 2016, installed a P2P Internet file sharing program at the Defendant’s residence located in Jung-gu Seoul, Seoul, and around November 21, 2016, received and possessed obscene videos with obscene images taken by adults, children and juveniles, and with obscene images taken by them. From around that time to November 21, 2016, the Defendant was able to receive and play a total of seven children and juveniles pornography in the same manner as shown in attached Table (1).

2. No person shall photograph the body of another person against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

Nevertheless, on May 20, 201, the Defendant taken the body of the victims who might cause sexual humiliation over three times in total in the same manner as the list of crimes in attached Form 1 (2) from around that time to February 17, 201, in a bus operated in Seoul (hereinafter referred to as Seoul) around May 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation - Data on the list of eligible downloads;

1. Police seizure records and list of seizure;

1. Video CDs and video camera photographs;

1. As a result of the analysis No. 5 of the seized articles, the application of each statute of obscenity

1. Article 11(5) of the Act on the Protection of Juveniles against Sexual Abuse (the possession of obscene materials by children and juveniles) against criminal facts, and Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012).

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