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(영문) 서울북부지방법원 2016.04.28 2016고단156
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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 display obscene materials for children;

Nevertheless, around September 8, 2015, the Defendant connected a P2P program using a computer at the Defendant’s residence located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 1 Dong 501, and openly shared a total of 11 children’s pornography, such as video, in which a foreign child under the title 10 of “C” appeared and whose act of similarity is similar, the appearance of a foreign child under the title 10 of “C,” such as video, etc. -A (total of 11 child pornography), and stored a total of 11 children’s pornography, such as a video, and openly shared so that many and unspecified members can download it.

Accordingly, the Defendant publicly distributed child pornography.

2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials) shall possess them knowing that they are obscene materials for use by juveniles;

Nevertheless, at the location of the preceding paragraph on September 12, 2014, the Defendant stored a total of 366 child pornography, such as a list of crimes in the attached Table -A (total number of 366 cases possessing child pornography) in a total of 366 children’s pornography, in the location of the preceding paragraph, and stored “D” in the computer hard disc owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (the period of access to child pornography and connection IP, and confirmation of the clean value of the Clathoe);

1. Domestic investigation report (verification of child pornography obscenity by IP E;

1. Investigation report (the current status of execution of a warrant of search and seizure, taking photographs of the scene, etc.);

1. Investigation report (to analyze seized hard disks and to prepare a list of crimes);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials and fines for children’s use) regarding criminal facts and the selective punishment of children.

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