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(영문) 서울북부지방법원 2016.05.19 2016고단183
아동ㆍ청소년의성보호에관한법률위반(음란물소지)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

The Defendant is a person who resides in Dongdaemun-gu Seoul, Dongdaemun-gu, 105 Dong 102 and works in the company "E".

No person shall possess, distribute, provide, openly exhibit or exhibit any child or juvenile pornography, knowing that he/she is a child or juvenile pornography.

Nevertheless, around July 24, 2015, the Defendant, using an Internet computer installed in the above residence of Defendant at his residence, connected to “C” (hereinafter “C”) a foreign Internet file sharing program to view and listen to obscene videos for children who are not in a foreign country and adult male, and stored in a computer used by the Defendant, and distributed three children’s obscene materials in the same way as indicated in the list of crimes, from that time to October 15 of the same year, by using the Internet computer, which is located in the above residence of Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (verification of IPs in use of internal investigations);

1. obscenity videos;

1. An investigation report (a screen by the closure of a shot floor) and the closure of a dynamic image;

1. Application of seizure records and statutes concerning the list of seizure;

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 and the selection of fines), 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) concerning criminal facts;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The following circumstances for sentencing under Article 48(1)1 of the Criminal Act are revealed in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

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