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(영문) 서울중앙지방법원 2013.04.10 2013고단381
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, with the knowledge of the fact that a certain point is given when a large number of unspecified members download the obscene materials posted by the Defendant in the web house “www.fil joint and several” (www.fil.com).

1. Around September 20, 2012, the Defendant had access to “Adi” by using Adi” at the Defendant’s residence (Seoul Jongno-gu Seoul) B 202, and had access to “B-2” file creation. On the Defendant’s computer hard disc, the “hump 18AV D business shop” in the Defendant’s computer hard disc refers to “hump 18AV D business shop” in the Defendant’s computer hard disc, which is an expression that can be perceived as a child or juvenile, posted the obscene video files containing sexual intercourse in the adult category, and then had it shared so that many unspecified users can download, and displayed and distributed children and juvenile pornography.

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 exhibit publicly, any obscene codes, words, images, or videos through information and communications networks;

Nevertheless, at the same time and place as above, the Defendant shared and distributed obscene images through an information and communications network so that many unspecified users can download them with the foregoing method, at the same time and place as mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes requesting the provision of internal investigation reports (Handphones and IP subscribers), and communications data;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials for 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) concerning criminal facts;

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