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(영문) 울산지방법원 2018.10.04 2018고단2039
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

On March 20, 2018, the Defendant, at the office of the Defendant’s 7th floor C of Ulsan-gu B building, sent the Defendant’s ID “E” to the “F” address of the site operator, which is a child’s obscene material-only site using a computer, and sent the Defendant’s bitcoon to the “D”, which is a child’s obscene material-only site using a computer, and then sent the Defendant’s bitcoon to the said site operator’s bitcoon’s bitcoon’s obscenity address, and stored the “07.a6” file, which is a child’s obscene material for use by juveniles, in total 503 children and juveniles, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (as a result of analysis, such as seized articles PC, number of child pornography images, and correction of crime sights);

1. Article 11 (5) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's Crimes / [Selection of a punishment penalty]

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The production of obscene materials for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment even though it was done in personal possession of obscene materials since the production itself not only constitutes a sex offense against children, but also can be connected with additional sex offenses, etc., and thus, it is necessary to strictly punish them. The instant obscene materials held by the Defendant are very serious as obscene materials, and the degree of obscenity is particularly serious, and on the other hand, the Defendant is unrecepted in depth after the crime and not repeating them.

Along with the fact that there is no criminal history prior to the instant case, the sentence like the text should be determined by comprehensively taking into account the following factors: Defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the record.

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