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(영문) 대구지방법원 2015.03.12 2014고단6187
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall sell, lend, or distribute any child or juvenile pornography, and no one shall distribute, sell, rent, or openly display any obscene codes, words, images, or motion pictures through an information and communications network.

On September 25, 2014, at around 15:49, the Defendant, at the Defendant’s house of 15:49, connected to the Defendant’s house of 103 Dong-gu, Daegu-gu, to Adid'D’, an Internet file-sharing site (hereinafter referred to as “D”) and distributed through an information and communications network, by sharing the video works with the Defendant’s sexual character exposed to the Defendant’s sexual character and having sexual intercourse with the Defendant’s file-sharing site of 103, namely, “Seng-gu, Daegu-gu (hereinafter referred to as “Seng-gu”) - the lux-gu, Daegu-Seng-Seng-Se-Se-Seng-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S-Se-S

Summary of Evidence

1. Partial statement of the defendant;

1. Video CDs;

1. obscenitys and connected IP screens;

1. Application of Acts and subordinate statutes by capturing a photograph (8-10 pages of investigation records), capturing a course (41-42 pages of investigation records, and capturing a site);

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of distributing child or juvenile pornography, the choice of fines), Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of distributing obscene images and the choice of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant is not clearly aware of a person appearing in child or juvenile pornography in the facts constituting the crime as stated in Article 21(2) main sentence and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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