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(영문) 부산지방법원 서부지원 2017.08.22 2017고단738
아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall possess or distribute any child or juvenile pornography.

A. On March 15, 2017, the Defendant visited Internet C using a computer installed in the Defendant’s residence located in Busan Seo-gu, Busan around 17:56:28 on March 15, 2017, and received juvenile pornography from D.

4. 7. 20:00 up to 20:0, a total of 5,535 items, such as 5,535 items in attached Form 3, including 102 obscene items for the use of juveniles who viewed and deleted in the Internet c2 Sheet inside and outside of the Defendant’s ownership (TB), and 102.

B. On March 16, 2017, at around 00:17:47 a.m., the Defendant distributed eight of the obscene images of the child’s pornography to many and unspecified persons using C, including distribution, by holding and distributing obscene videos with which female children and adults have sexual intercourse, on the Internet computers installed at the places described in the foregoing paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (to attach a report as a result of analysis of the distribution of child pornography);

1. Application of seizure records and statutes concerning the list of seizure;

1. The selection of each fine under Article 11(3) of the Act on the Protection of Juveniles against Sexual Abuse (the distribution of obscene materials by children), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by children), and Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse concerning criminal facts;

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 Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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