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(영문) 수원지방법원 성남지원 2013.12.23 2013고단2590

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

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.

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show child or juvenile pornography.

Nevertheless, at around 12:26 on April 27, 2013, the Defendant, at the Defendant’s home located in Sungnam-si, Sungnam-si, 2013 Dong 205, connected to Adi to “C”, a digital P2P website, and opened a joint ownership of (i) the original PC hard disc disc spons spons and combined with (ii) arms and legs, and the Defendant openly displayed and distributed child and juvenile pornography to many unspecified people using the above website by putting a crym crym crym sp spons with adults.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of each statute on photographs;

1. Article 8(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Presidential Decree No. 11572, Dec. 18, 2012): Selection of fines for negligence

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

1. Since the Defendant who registered personal information under Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) was convicted of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), if this judgment becomes final and conclusive, the Defendant becomes 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 is obligated to submit personal information to the head of the competent police office having jurisdiction over his/her domicile pursuant to

However, in light of the content of the crime subject to registration, the history of punishment, etc., personal information shall be deemed to fall under a case where there are special circumstances where personal information shall not be disclosed pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.