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(영문) 서울남부지방법원 2018.12.26 2018고단5268
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

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 14:20 on May 21, 2017, the Defendant: (a) connected to the membership account of “E” (hereinafter “E”), a website exclusive for children’s pornography using his/her own computer, “C,” B, 604, a residential domicile of which is around 14:20; (b) connected the aforementioned website with the member account of “E” using “C,” which is a website exclusive for children’s pornography; and (c) continued to receive and possess a child or juvenile pornography “F,” which is a non-coin and a well-known “F,” by not later than 15:11 on the same day, he/she received and sent the child or juvenile pornography at a total of 32 times as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 6,8 of the evidence list);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 concerning the order of provisional payment;

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