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(영문) 창원지방법원 2014.01.28 2013고단3427
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant displayed child and juvenile pornography and general pornography on the flus site (www.pruna.com) which is a site that shares a file between members operated by the Niopipian Co., Ltd.

No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall possess, distribute, openly exhibit or show any child or juvenile pornography.

Nevertheless, on June 25, 2005, the Defendant joined the above website with the ID "B", and on April 24, 2013, the Defendant publicly distributed and displayed two child and juvenile pornography, such as "attached Form 2", such as "B", by posting a notice as the title "B", stating that a juvenile who was downloaded from the above website, was sexual South and North Korea, and was in possession of it at the above website, shall be sexual South and North Korea."

(b) No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network;

Nevertheless, on April 24, 2013, the Defendant entered the above site as above, posted 12 obscene video files, which contain sexual intercourses between men and women, at the above site, and openly displayed 12 obscene video files, as shown in attached Form 2, such as “Lrlers”, by having them downloaded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Relevant legal provisions and the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) regarding criminal facts.

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