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(영문) 인천지방법원 2019.03.28 2018고단9005
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant opened three accounts in SNS-based B (C (D: D), E (D: NA) and G (D: H) with only one account in SNS-based I (K) and posted a notice on a SNS-based website “L” advertisement along with various obscene materials and a member-based link with the SNS-based website, and attempted to acquire money and valuables by receiving 2,400 won from each member when the obscenity-based link connects to membership.

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall sell, lend, distribute, or provide a child or juvenile pornography for profit, or possess, transport, openly exhibit, or exhibit for such purpose;

Nevertheless, on September 6, 2018, the Defendant had access to the I Account J (H) at a place where it is unknown at around 01:53 on September 6, 2018, when he/she received an allowance for membership from L, exposed to the sound records of his/her children and juveniles (the age of 16) while escaping from his/her care, and put them into the same substance, such as his/her hand and her breabbbbage, etc.

From May 15, 2018 to the same year, including posting a video that repeats the act of cutting off together with a “L” member link to a “N” member link.

9. By August 9, 200, a total of 29 children and youth pornography, as shown in Appendix I, was posted.

Accordingly, the Defendant openly screened child and juvenile pornography for profit-making purposes.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute information with obscene content distributed, sold, rented, or displayed openly through an information and communications network.

Nevertheless, the Defendant, at around 00:30 on August 30, 2018, had access to the I Account J (K) at a place where it is not known.

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