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(영문) 인천지방법원 2013.10.29 2013고정2874
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 2013, 2013, the Defendant posted an obscene video file (www.fil joint and several) with the content of sexual intercourse between men and women, using a computer, at the Defendant’s residence, to allow an unspecified number of people to get off the Internet (www.fil joint and several).

Accordingly, the Defendant displayed obscene images openly through information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the closure of an Internet file page;

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 for the detention of a workhouse;

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

1. The summary of the facts charged is that the Defendant used the clinic called “C” in the Internet website file file (http:/www.fil joint and several). From Apr. 2013, 2013, the Defendant used the clinic.

5. Until August, 200, the Defendant distributed obscene videos using child and juvenile pornography files to many and unspecified persons who have joined the file site as a member of the file creation site, with the title of “(s) the site of the Internet site file, “(s)” (hereinafter “Internet”) education, as well as “Isna.”, in which female students who have received school gymnasium and/or uniforms from exposure to male and sexual organ and engage in obscenity activities, thereby spreading obscene videos.

2. Determination

A. As to the term “child or juvenile pornography”, Article 2(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) defines the term “children or juveniles, or persons or representations that may be perceived as children or juveniles,” but is by Act No. 11572, Dec. 18, 2012.

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