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(영문) 청주지방법원 2018.11.02 2018고단2087
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

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

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, at around 16:38 on February 26, 2018, the Defendant received, as the price, a single-name “F”, a obscene material appearing by children and juveniles, around 16:31 on March 4, 2018, a single-name “F” from the Defendant’s cell phone, which was connected to the deep web site “D” (URL : E) exclusively for the use of obscene materials by children and juveniles, and received from Defendant 48 children and juveniles, such as “the last day list of crimes (D) -A” - A total of 48 children and juveniles’ obscene materials, and received from Defendant 15 U.S., a mobile phone, a mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed list of certified electronic information and electronic information (a total of 48 files);

1. 아동 음란물 영상 파일 51개 중 실행되는 48개 영상 스냅 샷

1. Application of the CD-related Acts and subordinate statutes that store 48 video files of child or juvenile pornography;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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