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(영문) 대전지방법원 2018.04.24 2017고단288
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

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

Reasons

Punishment of the crime

On September 28, 2016, the Defendant, using a computer, at around 14:50 on September 28, 2016, Cudio B, the residence of the Defendant in Daejeon Seo-gu, Daejeon, with “W.fileleuri.com” P20 website, connected to Adi “D”, and then taken a face of a female child, such as revealing a male and female sexual organ and having sexual intercourse with another female member, [L] [l] children, 2.mpg, [L L L L L L L L L L L L L L L L L L L L], 2.mpg, 3.mpg, 12 years old students, 2.2 (avi) and 3.mpmpg [hh], 12 years old students, and so on.

'The photograph files of the title '' are downloaded and stored on the said computer, and the said files are set up from November 3, 2016 to be shared on the said P2P website, so that many and unspecified members who use the said website can download.

Accordingly, the Defendant, knowing that he was obscene materials for the use of children and juveniles, he/she possessed it and distributed obscene materials for the use of children and juveniles.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A prosecutorial statement of the defendant;

1. Application of Acts and subordinate statutes concerning the counter-investigation report, report on commencement of internal investigation, report on internal investigation (attached to the closure of the file screen, etc.), e-mail inquiry on the e-mail, and obscenity video play-up screen;

1. Article 11 (3) of the Act on the Protection of Juveniles from Sexual Abuse (the distribution of obscene materials for the use of children) and Article 11 (5) of the same Act (the possession of obscene materials for the use of children) concerning criminal facts of the relevant legal profession;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

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

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