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(영문) 인천지방법원 부천지원 2018.10.17 2018고단2376
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, on July 2017, the Defendant had a 543 child or juvenile pornography, as shown in the attached crime list, by accessing the Dak Web through the “C” Brer, and then taking possession of a Do 543 child or juvenile pornography, such as holding a Do 543 child or juvenile pornography, with the content of sexual intercourse with children at the biter’s and juvenile pornography distribution site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A report on the details of transactions of bitcos deposited in a box operating obscene materials for children or juveniles, investigation details of 242 account users of the site (Securing from an operator database) and the results of analysis of digital evidence;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of seized articles);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of fines for the crime;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The production of obscene materials for the reason of sentencing under Article 334(1) of the Criminal Procedure Act should not only be a sex offense against children, but also be connected with additional sex offenses, etc., and thus, social harm and injury should be very large. Therefore, even if having done so for personal possession of obscene materials, it is necessary to strictly punish them.

The instant obscenity is a very serious obscenity for children to appear. In particular, the degree of obscenity is particularly serious.

The defendant shows an attitude to recognize and reflect the defendant's mistake, and it is not to repeat the crime.

It is true that there is no criminal history prior to the instant case, and it is downloaded.

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