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(영문) 서울북부지방법원 2019.07.18 2019고단1239
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On May 12, 2018, at around 17:35, the Defendant, at the office of the Defendant located in Seoul Special Metropolitan City, Nowon-gu, and the fourth floor, connected to “C”, an Internet file sharing program using a computer, and stored video files (l. file names: D) in a computer, in which female students living in a high school and female dormitory were downloaded with clothes and stored on the computer, and stored 34 video files in total, such as as recorded in the list of crimes in the attached list of crimes.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (Attachment to a report on analysis of activities of spreading C);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines for the relevant criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The nature of the crime is not weak in light of the specific contents, total size, etc. of obscene materials possessed by the Defendant for the reason of sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

On the other hand, the defendant recognizes and reflects the crime, and there has been no history of criminal punishment until now.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

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