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(영문) 대전지방법원 2019.05.17 2018고정1097
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

On July 31, 2016, at around 08:48, the Defendant, at the Defendant’s residence above the Defendant’s Internet, transferred 0.07BTC (Noncoin) from “D”, an electronic currency exchange, to the website operator’s electronic wall address (E) in order to transfer virtual currency necessary for the purchase of obscene materials by accessing a specialized site C, which sells children or juvenile pornography via the bypass connection web website BBL, via the Internet, and acquired the eligibility to receive children or juvenile pornography by downloading the virtual currency necessary for the purchase of obscene materials.

On August 8, 2017, at around 22:37, the Defendant: (a) connected a specialized site “F,” which sells child and juvenile pornography to the Internet line; (b) had a total of 10 children and juvenile pornography as shown in the [Attachment List], including the Defendant’s receipt of downloading a file of child and juvenile pornography in the title “H, including the face of self-defense, oral intercourse, and similar behavior,” which includes the amount of 10 seconds, which is recognizable into the land, by having connected the Internet line; and (c) had a total of 10 children and juvenile pornography as shown in the [Attachment List].

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on virtual currency (non-ccoin settlement), the details of a suspect’s child pornography download, the child, and the original file of juvenile pornography;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fine for the Crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant of the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is exempted from the order to complete a program, will not repeat the crime by seriously reflecting the circumstances where he/she stays abroad for his/her study and the mistake thereof.

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