아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won of fine and 24 hours of completion of the sexual assault treatment program) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for amendments to the indictment with the phrase “as of April 16, 2013” changed from the facts charged to “as of January 8, 2013,” and the judgment of the court below was no longer maintained on the ground that the subject of the judgment was changed by this court’s permission.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court below and the summary of the evidence are identical to the facts constituting an offense in the original judgment, in addition to the alteration of the facts constituting an offense and the facts constituting an offense, which are acknowledged by the court below, to “ around January 8, 2013” among the facts constituting an offense, the second and third of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), the selection of a fine, and the selection of a fine, for criminal facts
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. Where a conviction becomes final and conclusive on the facts constituting a sex offense against a child or juvenile subject to submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047, Sept. 15, 201) and Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012).