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(영문) 수원지방법원 평택지원 2017.03.30 2016고단2383
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

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 June 21, 2016, the Defendant shared “C”, an Internet file sharing program at the Defendant’s home, which is the Internet file sharing program, with a child and juvenile pornography “Rusian Bro, 11 Yo-12 Ylolod Porno 1.mpg” and “2 Dompg” with the content that women and adults in the early 10th century have a sex relationship with an unspecified number of people.

B. Around August 8, 2016, the Defendant shared “C”, an Internet file sharing program at the same place, and shared “pthcfriam 9oym and pe-ew 201.avi” with obscene materials used by children and juveniles, with the content of self-defense by women under the age of 10, who are under the age of 10.

Accordingly, the Defendant openly displayed obscene materials used by children and juveniles.

2. Around June 24, 2016, the Defendant used “C”, an Internet file sharing program, at the same place as that of the same on June 24, 2016, at around 21:44:43, in which a female child and juvenile pornography “741D71D732C72C7025E 14D10246B” was sent to the Defendant’s Empt North Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Data of the ICCCOPS, and data raised from suspect IP remotely;

1. Application of Acts and subordinate statutes to report internal investigation (with respect to confirmation of obscene materials for children or juveniles);

1. Relevant legal provisions and Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials used by juveniles), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials used by juveniles), and the selection of fines for the crime;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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