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(영문) 춘천지방법원 강릉지원 2016.06.30 2016고단513
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
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 November 26, 2015, the Defendant used a computer used by the Defendant to access a obscenity site (in connection with access A). On the Internet, the Defendant used a P2P program, one of the P2P programs that enables an individual and an individual to share by transmitting or receiving files directly connected with the individual, and held a video file with Defendant’s child or juvenile with “(Tiw) HS Crlcs.flv,” which appeared to be clearly perceived as a child or juvenile, and stored and stored a video file with the Defendant’s computer disc with the content of sexual intercourse, from that time to December 4, 2015, the Defendant received a video file with Defendant’s total of 43 child or juvenile pornography as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of internal investigation reports (in relation to child pornographys obscenity), internal investigation reports (in relation to child pornographys obscenity), and domestic investigation reports (in relation to data to which IPD’s child pornographys are caught);

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the selection of fines for the crime (including the first offense, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

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