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

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

. Around April 1, 2010, the term “C”, at the same site, posted a child and juvenile pornography (avi file) that contains the face value of sexual intercourses with adults, and openly distributes and exhibit child and juvenile pornography to the said site by putting it out to the public, a non-member who has joined the said site as “B”, and was in possession of a female student’s obscenity at the said site as an undisclosed from April 1, 2010.

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 any obscene codes, words, images, or motion pictures through an information and

그럼에도 불구하고 피고인은 위 사이트에 위와 같이 회원가입을 한 후, 2010. 4. 1.경 위 사이트에서 다운로드하여 소지하고 있던 남녀간 성관계 장면이 담긴 음란물인 영상파일(파일명,D엘프녀.avi)를 "^^*" 라는 제목으로 게시하여 위 사이트에 가입한 불상의 회원들이 다운로드케 하는 등 별지 ‘범죄일람표'와 같이 32건의 음란한 동영상을 공공연하게 배포전시하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 8(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010); Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 10260, Apr. 15, 201); and selection of fines for each crime;

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

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

4. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) in the judgment, which is a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act.