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(영문) 인천지방법원 부천지원 2018.11.28 2018고단2623
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The term “B” can be accessed through the “tour (Tor, network round and web slaber used for the purpose of anonymousization)” as an exclusive site for child and juvenile pornography using “Dweb,” and the users deposit a bitcoin on the said website and charge points (110 Dloda, 01 Bitcoin, etc.) or is operated in a way of downloading child and juvenile pornography as a business and granting points in return, after paying the child and juvenile pornography as the points in possession and paying the points in return.

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

Nevertheless, on August 21, 2016, the Defendant sent 0.15 Bitcoin to the bitcoin address (F) designated by the above site, by accessing the above site through the Kimpo-si C building and the “tour” referred to in subparagraph D, around 15:28, 2016, and opening the membership (ID: E). On the same day, around 21:56, the Defendant sent 0.15 Bitcoin to the bitcoin address (F) designated by the above site.

After filling points, a child or juvenile pornography (G) containing an adult male’s sexual organ in the child’s port, was held in the outer hick, and from that time until March 16, 2018, he/she had a total of 1,080 child or juvenile pornography, knowing that he/she was a child or juvenile pornography, as shown in the list of crimes in the attached Table, from March 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Details of non-coin transactions deposited in a box operating obscene materials for children or juveniles, investigation records on account of 242 account users of the site (security at the operator database), user business, download details, electronic information confirmation document, electronic information list, list of items of digital information, and digital evidence analysis report;

1. Application of Acts and subordinate statutes to investigation reports (examination as to whether a child is obscene materials for use by juveniles);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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