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(영문) 대구지방법원 안동지원 2018.10.05 2018고단350
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

A defendant shall be punished by imprisonment for four 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

No child or juvenile pornography shall be sold for profit-making purposes.

피고인은 생활고에 시달리게 되자 아동 ㆍ 청소년이용 음란물을 판매하여 생활비를 벌 목적으로 2017. 11. 경 안동시 B에 있는 피고인의 집에서 자신의 C 계정 (D )에 ‘E, 섭외, 발 빨, ㄹㄹ (로 리 타의 ‘로 리 ’를 뜻하는 은어) 팔아요

On November 3, 2017, “After posting a letter,” the following: (a) sent the images, etc. to the needy person who reported and contacted the above writing, and received a gift certificate equivalent to KRW 5,000 in return for the receipt of the gift certificate from children and juveniles, and (b) from time to February 28, 2018, he/she sold children and youth pornography to many people at least 1,895,00 won in total by 153 times until February 28, 2018, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph by capturing a child's obscenity;

1. Response to Grandland;

1. Application of the statutes on the following: (a) the account for one’s own operation C; and (b) the Messen dialogue between

1. Article 11 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the relevant crime is committed;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 21 (2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order has been issued, is to have an impact on sexual distortion of the perception of children and juveniles.

For about four months, the Defendant sold obscene materials for use by children and juveniles, and through which the number of obscene materials distributed is small.

However, the defendant recognizes his mistake, is against himself, and there is no history of punishment.

In addition, the defendant's age, sex, environment, motive and background of the crime, contents of obscene material, circumstances after the crime, and the defendant.

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