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(영문) 대전지방법원 천안지원 2013.10.25 2013고단1179
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall openly exhibit or screen any child or juvenile pornography.

Nevertheless, from March 8, 2013 to April 18, 2013, the Defendant, at the Defendant’s house located in Asan City C Apartment 111-108, connected to the Internet file sharing site (D) and offered that the Defendant is able to have many and unspecified members get off by having access to the Defendant’s house, which is called “satisfying pregnancy in the adult bulletin board.”

Accordingly, the Defendant openly displayed child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidential materials to capture the obscenity screen;

1. Data on the details of subscription to the D site;

1. Data on the details of downloading of obscene materials up to the upcoming obscenity;

1. Application of Acts and subordinate statutes concerning DNA Internet search data;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); selection of fines for criminal facts

1. Taking into account the fact that the defendant does not have the same criminal records for the reason of sentencing under Articles 70 and 69(2) of the Criminal Act, and is against the law, etc.

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