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(영문) 창원지방법원 2014.04.08 2013고단2609
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On March 2013, the Defendant subscribed to the “B” membership on the U.S. disc site (www.me 2disk.com), which is the Internet file sharing site. On January 2012, the Defendant joined the Internet file file site (www.yese.co.com) as the “B” and the said file site was automatically linked with personal information, etc. by the file file file site (www.applefe.com) and was affiliated to automatically connect the file file with the network’s business.

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, openly exhibit or exhibit obscene materials for children or juveniles;

Nevertheless, around March 2013, the Defendant: (a) obtained obscene materials from a computer in the Defendant’s residence located in Suwon-si, Suwon-si, from a seller who is able to sell video and other data; and (b) registered as a seller who is able to sell video and other data; (c) connected to a host file website (www.ysftil.co. Ltd.) to the “B” in order to receive points that 50% of sales revenue can be exchanged in cash; and (d) “(4.12) B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B, etc., the Defendant automatically distributed the same file on the bulletin board of the host file; and (d) around that time, each child or juvenile file was distributed to a large number of unspecified children or juveniles, as indicated in the list of offenses No. 1 to 3 B B. 3.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, text, sound, images, or motion pictures using an information and communications network;

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