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(영문) 서울남부지방법원 2014.02.18 2014고정149

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 24, 2013, the Defendant distributed child and juvenile pornography materials by putting them on the web site, a website, in his/her own residence, 2013 B apartment 306 Dong-gu B apartment 202, a cartoon with the content of revealing a sexual organ and describing sexual intercourse, and a cartoon “D” with the content of sexual intercourse in a classroom with the e-site via which a woman under the age of 10 and a woman who appears to be a minor.

2. From April 21, 2013 to April 24, 2013, the Defendant distributed obscene images via an information and communications network by placing a total of 14 obscene materials, such as “F” with obscene content, and as indicated in the attached Table (A), to the above site, from around April 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of 2013-36839 to the punishment of dives and dives of guard tickets;

1. Relevant statutory provisions concerning criminal facts, Article 8(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; including distribution of child and 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. (including distribution of obscene images or videos via information and communications networks), and selection of fines, respectively.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment becomes final and conclusive that shall submit personal information under Article 334 (1) of the Criminal Procedure Act with regard to a provisional payment order, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to the head of the competent police agency

It is so decided as per Disposition for the above reasons.