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(영문) 수원지방법원 안양지원 2014.02.05 2013고정995
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute or openly exhibit obscene images or videos through an information and communications network.

On April 11, 2013, the Defendant, at the Defendant’s residence located in Busan East-gu, posted and distributed obscene images on which both men and women are exposed to their sexual organ and have taken pictures of sexual intercourse with the Defendant’s name on the Internet file-sharing website (http:/totodiss.togosa.com) by accessing the Defendant’s account (ID) on the bulletin board of the adult data room.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes by reporting internal affairs and capturing a data screen;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines for negligence;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around April 11, 2013, the summary of the facts charged is that the Defendant, at the Defendant’s residence located in the Dong-gu Busan Metropolitan City, access to the Defendant’s account (ID) in the name of the Defendant to the earth disc (http:/totodisk.togsa.com) which is an Internet file sharing site, and up to three video files indicating sexual intercourse with the Defendant, etc. with the Defendant on the bulletin board of the adult data room (ID).

From April 11, 2013 to April 201, 2013, the Defendant openly displayed child and juvenile pornography by allowing many unspecified members to pay cash points and download the said files through a computer screen.

2. We examine the judgment.

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