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(영문) 서울중앙지방법원 2013.03.27 2013고단252
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a company member, a file-based user (www.fleleleuri.com) on which an individual can share each other's data. A.

The Defendant has distributed obscene materials for children and juveniles through an information and communications network from October 3, 2012 to October 5, 2012 in a way that he/she shares obscene videos, which can be perceived as a child, juvenile, or child or juvenile, in his/her own residence, as “lorri procri procri procri program” and “dicarsicri” stored in his/her own computer, in a way that he/she shares obscene videos, which may be perceived as a child, juvenile, or child or juvenile, in the middle school room, so that many and unspecified file procri members can download them. (b) The Defendant distributed obscene videos through the information and communications network from September 27, 2012 to October 15, 2015, using the aforementioned method.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a criminal investigation report (faging data and video data to the CDs);

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 8 (4) of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 74 (1) 2 and 44-7 (1) 1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the selection of fines for negligence;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse (50,000 won per day of attracting a conversion);

1. The fact that Article 59(1) of the Criminal Act of the suspended sentence is an initial criminal who has no record of criminal punishment, and there are extenuating circumstances in light of the circumstances leading to distribution in the course of using the pertinent sharing program.

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