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(영문) 인천지방법원 부천지원 2018.09.05 2018고단1756
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

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

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged, the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence relations.

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or screen obscene materials for children or juveniles;

Nevertheless, around 00:00 on January 27, 2017, at the Defendant’s residence located in Seocheon City B, the Defendant distributed three of the child and juvenile pornography as shown in the attached list of crimes (obscenity distribution) on the same day, including, but not limited to, a video (mix D) that has been kept on the Defendant’s computer in order to obtain points to transport the child and juvenile pornography from “C”, which is an exclusive site for the use of obscene materials for children and juveniles, and a video (mix D) that contains sexual intercourse between male and adult women.

2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials) shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography;

Nevertheless, around 11:02 on March 16, 2017, at the Defendant’s residence as indicated in paragraph (1) around 11:02, the Defendant paid expenses by accessing the Defendant’s computer to “C”, which is an exclusive site for the use of children and juveniles, and received obscene materials using children and juveniles, and received a total of four children and juveniles obscene materials, such as a list of crimes (obscenity possession).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. 캡 쳐 사진, 아동 ㆍ 청소년이용 음란물 운영 지갑에 입금된 비트 코인 거래 내역, 사이트 이용자 242명의 계정 수사 내역, 이용자 다운, 업 로드 내역, 압수 파일 스냅 샷 출력, 아동 청소년이용 음란물 소지 혐의 관련...

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