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(영문) 대구지방법원 2015.02.05 2014고단5701
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

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

Reasons

Punishment of the crime

1. No person shall sell, lend, or distribute any child or juvenile pornography in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

Nevertheless, at around 12:56 on September 23, 2014, the Defendant, at the Defendant’s house of Daegu Northern-gu B apartment No. 111, 1504, sent an obscene video of the title “D”, “D, in which the head of male and female juveniles, who were in uniform, engaged in sexual intercourse with the Defendant’s computer disc by setting up a joint ownership on an Internet P2P website.”

As a result, the Defendant distributed child and juvenile pornography to many unspecified file members.

2. No one shall distribute or openly exhibit any obscene codes, words, sound, image, or motion picture through an information and communications network by a person Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection Act;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, posted obscene videos of the title "E, in which sexual intercourses between men and women were recorded by the aforementioned method on the file book site."

Accordingly, the Defendant distributed obscene videos so that many and unspecified file members can freely download them using information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. obscenity CD 1;

1. Application of Acts and subordinate statutes by cutting down children, juveniles' water download and singing, general obscene materials download and singling;

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials and the selection of fines), Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the distribution of obscene materials and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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