Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

No person shall distribute or provide obscene materials for use by children or juveniles, or possess them knowing that they are obscene materials for use by children or juveniles.

A. On June 2, 2015, from around 21:41 to December 26, 2016, the Defendant, holding obscene materials for children and juveniles, connected to the Internet installed in the domicile by using the Defendant’s computers in Yongsan-gu Seoul, Yongsan-gu and the third floor, Yongsan-gu, Seoul, and stored 415 copies of P2P program, including video files, in which the sexual intercourse of children and juveniles is recorded, and stored them in the Defendant’s hard disc.

B. The Defendant distributed obscene materials for use by children and juveniles at the same time and at a place as above A. A, as described in the foregoing paragraph (a) above, carried out this 200 Formula (eule) and Saturdays program, downloaded files, and distributed children and juveniles’ obscene video files as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs on the site of seizure), investigation reports (verification of child pornography files stored on a hard disc of seized articles);

1. Relevant legal provisions and Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by children), Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of obscene materials by children), and the selection of fines for the crime;

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 48(1)1 of the Criminal Act of confiscation provides that a prosecutor is seeking confiscation as provided for in Article 48(1)1 of the Criminal Act.

It is not related to the facts of the constituent elements of the crime, so it is not necessary to prove strictly, but also it should be recognized by evidence (Supreme Court Decision 7 April 2006).