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(영문) 인천지방법원 2015.12.02 2015고단6541
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

A. On April 28, 2015, at the Defendant’s residence in Seo-gu, Seo-gu, Incheon, and 403, the Defendant appeared, and a female student flicked with the title “C” on the Internet file sharing website “C”, and up to July 1, 2015, up to July 1, 2015, up to the appearance of a sexual intercourse in the school, and distributed eight child and juvenile pornographys as shown in the list of crimes in the attached list of crimes.

B. On June 20, 2015, the Defendant, at around 20:45, posted female students, who were in uniform, as the title “D” on the Internet file-sharing website’s “e.g.,” and distributed obscenity with the content of sexual intercourse in the school.

2. Around April 15, 2015, the Defendant, in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) distributed a total of 22 obscene materials as indicated in the separate list of crimes, etc. up to July 1, 2015, including the appearance of both men and women on the Internet file sharing website “E” on the bulletin board of the Internet file sharing website at the above Defendant’s residence, as well as the distribution of obscene materials, up to July 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Data to capture the obscenity on the website Round and data to capture obscene products;

1. Application of Acts and subordinate statutes, such as the list of business files;

1. Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials by children and juveniles), 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 by children and juveniles), and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Ordered children or juveniles;

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