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(영문) 대전지방법원 천안지원 2019.01.18 2018고단2304
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

1. On June 22, 2016, the Defendant posted the SNS B B B B B B B B, “C,” and distributed, distributed, or openly displayed, on a total of two occasions as indicated in the attached Table 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, any female student exposed his/her sexual organ to and used for self-defense, thereby distributing or openly displaying the obscenity.

2. Around October 4, 2016, the Defendant, etc. of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Utilization and Information Protection Act”), up to 29 times from the aforementioned date and time to February 27, 2018, posted an obscene image, such as the act of sexual intercourse, exposure of female sexual organ, etc., and distributed or displayed openly, on the SNS B B B B B, a female with the title “D”, by posting a photograph as soon as male sexual organ, and distributing or openly displaying obscene images from the aforementioned date and time to February 27, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Video materials;

1. Application of the investigation report (specific suspect), investigation report (F and G relations), investigation report (case of “G” in the suspect’s account “B”), investigation report (case of “G” in the suspect’s account), and application of the Act and subordinate statutes

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of display of child or juvenile pornography), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of display of obscene materials using information and communications networks) of the Act on the Protection of Information and Communications Network Utilization and Information Protection, Etc., and the choice of imprisonment, respectively;

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. Order to complete a program, the Act on the Protection of Children and Juveniles against Sexual Abuse;

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