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(영문) 서울중앙지방법원 2013.03.27 2013고단375
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a type of business that openly exhibits obscene materials on an Internet documentary file (www.q.co.co.kr) and the documentary file site is a file sharing site operated by a member who has shared documentary files and files in accordance with the downloaded file volume by dividing profits into 1:1 and 1:1.

1. On August 2012, the Defendant openly displayed and distributed child and juvenile pornography by setting up a screen image of the title, “AFAF,” which appears to be a male and female female who appears to be a middle and high school student, and sexual intercourse with an unspecified number of people, by openly sharing it with an unspecified number of people, by setting up a screen image, which is called “AF,” in Seoul Special Metropolitan City, Nowon-gu, 207 Dong 208, and 208, the residence of the Defendant, which is the Defendant’s dwelling.

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 communications network;

Nevertheless, the Defendant shared and created dynamic images, such as “nives.avi,” at the same time and place as above, and displayed and distributed obscene images openly through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to attach servers, servers and documentary evidence related to the distribution of obscene materials);

1. Application of Acts and subordinate statutes to capture data by reproducing obscene materials;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 8 (4) of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., each of the following:

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