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(영문) 대전지방법원 2018.09.13 2018고단2606
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment for not less than eight 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 Defendant subscribed to the Internet file sharing website (www.onisk.co.kr) as a DNA “B,” and is an undisclosed “person doing activities.”C.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) for the purpose of accumulating points by posting and selling obscene materials on a file-sharing website, and by exchanging them for the purpose of obtaining profits therefrom, the Defendant has access to the said site by using computers located therein at the residence of the Defendant D, Seo-gu, Daejeon, and 102, and after having access to the said site on the bulletin board of “ adults”;

(a) on June 4, 2017, a notice posted on a file for obscene materials for children and juveniles who have taken the sexual intercourse of juveniles referred to in title E, E, and:

B. On July 7, 2017, juveniles as “F” posted a child or juvenile pornography file using a child or juvenile, in which sexual intercourse or a similar act is recorded.

Accordingly, the Defendant sold and distributed obscene materials for the purpose of profit-making.

2. On September 10, 2016, the Defendant posted obscene images on 26 occasions, such as as described in the list of crimes in the attached Form No. 2, from the time to August 27, 2017, by accessing the above site by using a computer located at the Defendant’s residence located in Seo-gu Daejeon Special Metropolitan City D or 102, and posting on the bulletin board of “ adults”, and by posting obscene images on which the sexual intercourse of “G” was recorded.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to capture obscene materials posted on the warrant of search and seizure, a reply to the warrant of search and seizure, a list of the Defendant’s posts, a list of obscene materials posted by the Defendant, and a screen screen of the obscenity, a criminal investigation report (a suspect business rod children and juveniles’ obscene materials and obscene materials attachment), and the screen to capture obscene materials;

1. Criminal facts;

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