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(영문) 의정부지방법원 2020.08.20 2020고정1075
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who conducts activities in the name of “E” in the applied software, which is an application software that can conduct hosting with an unspecified number of users or create channels to share information through an information and communications network.

1. On March 5, 2020, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), posted a photograph that female juveniles have bridged with the “G” channel of the F server using smartphones at the Defendant’s residence, and puts a letter “a person who has a fluent image added to a fluent video.”

Accordingly, the Defendant openly displayed child or juvenile pornography.

2. On May 18, 2020, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession), possessed a total of eight children and juvenile pornography, as indicated in the separate list of crimes, knowing that a female juvenile, who was satisfed in the place as of May 18, 2020, was in possession of the pictures satisfing a bridge and seated with the Defendant’s smartphone in the above D et al.

Summary of Evidence

1. Defendant's legal statement;

1. Evidentiary materials;

1. A report on analysis of digital evidence or a written confirmation of electronic information;

1. Investigation report (specific suspect);

1. Application of investigation report (verification of child pornography within suspect cell phones)-related Acts and subordinate statutes;

1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter the same shall apply), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter the same shall apply), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (which

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Ordered children or juveniles;

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