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(영문) 서울중앙지방법원 2014.11.21 2014고단6831
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

1. Around November 18, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) accessed D, an Internet site that provides file sharing services, etc. using a computer at the Defendant’s home of Gangnam-gu Seoul and 2042, and made it possible for the Defendant to receive and download the said files from other members by providing them with other members connected to the above D’s website services by appearing by three male juveniles and male and female adults, including “live work-friendly 1.vi” as indicated in the attached list of crimes (1).

Accordingly, the Defendant possessed and distributed child and juvenile pornography.

2. The Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution) provided 5,500 obscene materials stored in the Defendant’s computer, and provided divers service to other members connected to the said website by providing them with diversing service, which included sexual intercourse between men and women, similar intercourse, or physical form, etc., by accessing the said D site at the above D site from November 18, 2013 to July 23, 2014.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. Investigation report (the results of digital evidence analysis and attachment of a list of offenses), digital evidence analysis report;

1. Statement of the suspect in the investigation report;

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