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(영문) 부산지방법원 2020.10.21 2020고단3401
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall distribute or provide any child or juvenile pornography, or possess it knowing that it is a child or juvenile pornography.

Nevertheless, the Defendant:

1. On January 22, 2020, around 15:37, a computer installed with "D," which is an Internet data sharing program, in the Geum-gu B building in Busan Metropolitan City and the residential area C, and distributed as “E,” the title “E, by means of gathering child and juvenile pornography and allowing many unspecified persons who use the aforementioned program to get access to, and gain access to, a large number of unspecified persons.

2. At the date, time, and place specified in paragraph 1, a child or juvenile pornography in the foregoing title “E” was possessed by storing the child or juvenile pornography in a computer hard disc used by the Defendant.

Summary of Evidence

1. A report on the analysis of the defendant's legal statement "the tracking system for illegal photography, etc." site, SNS, and DNA spread;

1. Application of the Acts and subordinate statutes to video CDs and caps in a written response to the results of investigation cooperation request;

1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020), the selection of fines, etc.

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

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

1. The grounds for sentencing under the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 59-3(1) of the Act on Welfare of Disabled Persons are not established.

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