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(영문) 대전지방법원 2014.05.28 2014고단801
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From April 19, 2013 to May 4, 2013, the Defendant: (a) set up “E” in the Defendant’s house located in Gunsan-si C with the ID “D”, which is a P2P website; and (b) among students, “E” stored in the P2P website as “E” and obtained a total of 19 children and juveniles’ pornography as indicated in the attached list of crimes, such as “Woo” with the appearance of children and juveniles and resulting in sexual intercourse, similar sexual intercourse, and self-defense, etc.; and (c) store 19 children and juveniles’ pornography in total so that many unspecified people can download, and in return, obtain 1,091,198 bits (M).

Accordingly, the Defendant distributed child or juvenile pornography for profit-making purposes.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute information with obscene content distributed, sold, rented, or displayed openly through an information and communications network.

Nevertheless, the Defendant stored several white obscenitys, such as “Korean women physical bodyed to foreign lecturers,” at the same time and place as in paragraph (1), on the aforementioned “D” website, and made it possible for many unspecified people to download.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Request for provision of screen pictures and communications data after the closure of a course;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) regarding criminal facts (amended by Act No. 11572, Dec. 18, 201).

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