아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From the fourth floor of the building B at Suwon-si, the Defendant is a person who has operated an adult PC with his trade name.
From October 10, 201 to May 2, 2012, the Defendant installed one computer in the above PC, respectively, and paid KRW 120,000 per month, and received obscenity in real time from the operator of the obscenity site from the operator of the obscenity site, and received KRW 5,000 per hour from the unclaimed customers who find out the place and received KRW 5,00 per hour from the unclaimed customers and received KRW 5,00 per hour as usage fees, and made it viewed 95 copies, including the video video of the same item, “(3DD) in which female students, who are children and juveniles, are exposed to the food or have sexual intercourse, etc., and 57,508 copies of obscene video, including the face of the contact with sexual intercourse and sexual intercourse.”
As a result, the Defendant openly displayed child or juvenile pornography for profit, and at the same time openly displayed obscene images through information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Chapter 1 CD-1 statute to the obscenity list;
1. Article 8(2) 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) on criminal facts (generalally, display of obscene materials for profit-making purposes, display of obscene materials by children or juveniles), Articles 74(1)2 and 44-7(1)1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc. (generally, display of obscene materials through an information and communications network)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no past record of the same kind of crime and the fact that it is against it
1. Where a conviction is finalized against a defendant who has registered personal information of Article 13(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant constitutes a person subject to registration of personal information under Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and such person falls under Article 34 of the same Act.