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(영문) 광주지방법원 순천지원 2017.05.19 2016고단2818
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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) and the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials) shall possess, distribute or provide obscene materials for use by children or juveniles;

Nevertheless, the Defendant, at around 10:08 on April 7, 2016, visited the Defendant’s office located in P2P file-sharing site B, a P2P file-sharing site, and downloaded the “D,” which is a video file in which female students seen as juveniles have sexual intercourse with male and female, on their own computer hard disks and made it possible for unspecified people who use the said website to download it.

Accordingly, the Defendant, knowing that he was obscene materials for use by children and juveniles, was in possession of it, and distributed and provided obscene materials for use by children and juveniles.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Distribution of obscene materials) shall distribute, sell, rent, or openly display any obscene codes, text, sound, image, or motion picture through an information and communications network;

Nevertheless, the Defendant, at around 13:01 on November 3, 201, up to 13:01 at the place indicated in paragraph (1) and opened the “E” file, which is a video file in which sexual intercourses, etc., were taken with the sex organs of both men and women, exposed to sound records, and the sexual intercourses were taken.

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

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (to attach screen pictures of obscene videos);

1. Application of Acts and subordinate statutes to output, such as the file screen;

1. Article 11(3) and (5) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles who have the option to commit the crime, Article 74(1)2 of the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, Etc.

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