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(영문) 창원지방법원 2013.12.26 2013고단2960
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant thought that the Defendant posted child and juvenile pornography and general obscene materials for the purpose of receiving points on the flus (www.pruna.com) website, which is a site that shares files between members operated by the Niopip company.

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, openly exhibit or show obscene materials used by children or juveniles;

Nevertheless, on July 6, 2005, the Defendant entered the said website with the ID “B”, and on April 23, 2010, “C” posted a child or juvenile pornography (wmv files) that contains the face of sexual intercourse with an adult male, and distributed two child or juvenile pornography as shown in attached Form 2, such as “B list (a)”, by openly displaying two child or juvenile pornography as an undisclosed member who joined the said website.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display any obscene codes, words, images, or motion pictures through an information and

Nevertheless, on April 23, 2010, the Defendant, as above, posted a video file, a obscene material, which contains a sexual intercourse between men and women, which was downloaded on the above website, to the title “Physically transponsive SS Grade ..”, and displayed 30 obscene video files, such as [Attachment 2], such as having a member of the said website download, openly display 30 obscene video files, as shown in [Attachment 2].

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to criminal reports and investigative intelligence reports;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable;

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