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(영문) 서울중앙지방법원 2014.02.19 2013고단8032 (1)
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A. A. On February 7, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) distributed child and juvenile pornography in a way that the Defendant up to May 8, 2013, up to 2012, up to 309, by visiting the Internet site C via a computer to Adid' D'D' and managing by the Defendant’s Internet site C through a dhejrvvf rare video, and dhejjjvvf rare video 2, with the content that female students who suffered school uniforms on the bulletin board show their sexual character (Korea Nnomo] and e.avi file, and distributed child and juvenile pornography by allowing many unspecified people to download.

B. Around May 5, 2012, the Defendant, in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) posted and distributed seven obscene images from the above date to May 9, 2013, including the distribution of obscene images via an information and communications network by downloading the file, which is a dynamic image with which women show their sexual organ, on the Internet Csite, in the same manner as in the same manner as indicated in the foregoing paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Distribution of obscene materials for use by children or juveniles under relevant criminal facts: Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

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

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

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

1. As to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), which is a sex offense subject to registration of personal information against the Defendants who have registered personal information under Article 334(1) of the Criminal Procedure Act.

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