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(영문) 부산지방법원 2018.03.19 2017고단5829
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who works in B, who is a file-based ID ‘user'.

1. He/she shall not distribute, openly exhibit or display, or possess obscene materials for children or juveniles in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Nevertheless, on June 16, 2017, at around 12:27 (Date of Storage of Files), the Defendant: (a) connected the file to the North-gu west-gu Do, Chungcheongnam-do, Chungcheongnam-do; and (b) stored the “E” file in a computer where the head of a child or juvenile’s sexual intercourse with the appearance of his/her child or juvenile, and recorded the file on the computer; (c) stored four child pornography files in the computer, as shown in [Attachment 1-4] and 08:07 (date of Storage of Files) on June 22, 2017; and (d) openly displayed and distributed the file in the file box to enable other users to download.

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, on June 22, 2017, at the same place as the preceding paragraph of 08:07 (Down Date and Time), two obscene video files, such as [Attachment Table 5] Nos. 5 and 6, were shared to enable users to download, and displayed and distributed obscene video files through an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as the closure of a file screen;

1. Article 11(3) of the Act on the Protection of Children’s Juveniles from Sexual Abuse (including the distribution of obscene materials for the use of children), Article 11(5) of the Act on the Protection of Children’s Juveniles from Sexual Abuse (including the possession and possession of obscene materials for the use of children), the Act on the Promotion of the Use of Information and Communications Network and Information Protection, Etc.

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