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(영문) 울산지방법원 2016.01.28 2015고단3002
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess, distribute, provide, openly exhibit or exhibit any obscene material for children, knowing that such material is a child or juvenile pornography.

Nevertheless, from December 2014 to June 2015, the Defendant: (a) accessed “D” through a computer, which is the Defendant’s residence in Ulsan Northern-gu B; and (b) distributed 34 items, such as a child pornography photograph, where a female juvenile’s sexual organ is exposed to and sexually sexual intercourse, and stored and possessed 34 items, such as a child pornography photograph, on the Defendant’s computer using the aforementioned “D” website by using a computer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation reports (referring to DNA access to the website for sharing child or juvenile pornography), investigation reports (limited to the attachment of child or juvenile pornography);

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 11(5) of the Act on the Protection of Juveniles against Sexual Abuse (including possession and possession of obscene materials for children’s use), Article 11(3) of the Act on the Protection of Children’s Juveniles against Sexual Abuse (including distribution and distribution of obscene materials for children’s use), and each choice of imprisonment with prison labor, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 21(2) and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse is committed in light of the legislative intent of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the Defendant possessed 34 children and juveniles’ pornography and distributed them, and the nature of the crime is not good. The crime of this case is committed in light of the legislative intent of the Act on the Protection of Children’s Juveniles against Sexual Abuse, intending to protect juveniles and grow as sound members of society by preventing juveniles from taking up their sex and commercializing them

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