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(영문) 서울북부지방법원 2014.09.05 2014고정1641
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse shall distribute, openly exhibit or exhibit, or possess obscene materials used by children or juveniles;

Nevertheless, at around 23:11 on June 30, 2013, the Defendant had access to C’s website at C’s residence B B 102, and stored and possessed a video file on a computer hard disc with two adult women and young children who had sexual intercourses exposed to a sexual flag and a negative part of the sexual intercourses.a6, a video file was downloaded and stored in a computer hard disc.

In addition, up to April 18, 2014, child and juvenile pornography was openly displayed and distributed by accessing C to April 18, 2014, by designating and using a co-owned Pool in a P2P file sharing method (which is possible to designate a co-owned pool) and allowing other users to download.

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 obscene codes, words, sound, images, or motion pictures through an information and communications network;

Nevertheless, around March 6, 2014, around 20:08, the Defendant distributed obscene videos through an information and communications network, such as allowing C users to share three cases, such as a video file, where the sexual organ and the sexual organ were exposed to the same place as referred to in the preceding paragraph, and the sexual organ was inserted into the sound book, and the sexual organ was exposed to the sexual organ and the sexual organ was inserted into the sound book.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (Attachment to the screen for the closure of obscenity, etc.), report on internal investigation-report on the specific person under suspicion;

1. Application of Acts and subordinate statutes to the screen by capturing obscenity;

1. Article 11 (3) and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., of which the relevant criminal facts are applicable and punishment is selected;

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