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(영문) 서울남부지방법원 2019.03.20 2018고단5747
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, who is a child or juvenile, introduced himself/herself as a woman under 17 years of age to the above SNS C while operating the Internet SNS C, was aware that he/she directly contributed to himself/herself and sold a video of his/her act of self-defense (hereinafter referred to as "self-defense video") to sell the video of his/her act of self-defense (hereinafter referred to as "self-defense video") and possessed it from B.

On January 26, 2018, after the Defendant intended to purchase a video video from B and transferred money to B, the Defendant possessed 26 video clips from B from January 26, 2018, including the Defendant’s possession of a video file via a digital account in the Defendant’s mother’s name. From January 27, 2018, the Defendant received 26 video files from B, as shown in the attached list of crimes.

As a result, the Defendant possessed self-defensive images directly produced and contributed by B, knowing that he/she is a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (specific suspect and reasons for investigation into cases);

1. Application of Acts and subordinate statutes in Chapter 2 of this Chapter to data evidencing dynamics and documentary evidence, and e-mail and photographic data related to additional documentary evidence;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines for the relevant criminal facts;

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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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