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(영문) 대구지방법원 서부지원 2016.01.21 2015고단2057
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
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

No person shall sell, lend, distribute, or provide, or possess, transport, openly exhibit or exhibit, for profit-making purposes, obscene materials for children or juveniles.

Nevertheless, the Defendant, from January 4, 2015 to October 18, 2015, uses DNA “B” on SNS Twitter, thereby doing op-up.

In the beginning of the school uniform, the following was posted: (a) the content of the “diversing, such as crowdfunding Scambling and crowdfunding, etc.” and the image of injecting, exposing, exposing, exposing, or exposing, and self-defenseing, all or part of the body of a woman, and then posting a photographed image of a woman and juvenile pornography, which is certified as “D” by the Defendant’s name, received the number of cultural merchandise coupon numbers equivalent to KRW 5,000 to KRW 10,000 by communicating with the buyer using the “E (EF)” and received the said “E” in contact with the buyer; (b) by transmitting the said obscene material by using the said “E”, or by having the Defendant download the said obscene material with the previous account in the name of the Defendant, and by having all of the aforementioned obscene material download, as shown in the attached list of crimes, received a total of 1,839,000 won for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation Report - Preparation of a record of the filling of cultural merchandise coupons, preparation of a record of crime, investigation report - Attachment of crime-related data restored from suspect cell phones;

1. The screen of a child’s obscenity-making advertisement on the twitter and a caps of the advertisement;

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

1. Article 11 (5) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of fines for the crime;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.

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