beta
(영문) 인천지방법원 2013.09.11 2013고단4459

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show obscene materials for children or juveniles.

On April 23, 2013, from around 21:36 to 04:41 of the following day, the Defendant connected to the Defendant’s computer hard disc file-sharing b. 302, which is the Internet site, distributed children’s obscene materials to the Defendant’s computer hard disc file-sharing b. 8 years of age (Tailand), “(Tailand) 8 years of age Lata-BS elementary school students (Taib. 23.11 f.),” and “for example, two female students who have been badly 10 years of age and early 10 (T. 18.50 f. c.) who are children and juveniles, who are children and juveniles, have a place of sexual intercourse (hereinafter referred to as “c.i.e., video works”) to make it available to many unspecified members using the above website.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as screen pictures to cut down;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Presidential Decree No. 11572, Dec. 18, 2012); the selection of fines for criminal facts;

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

1. Article 13(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Presidential Decree No. 11572, Dec. 18, 2012);

1. Since the defendant who ordered the provisional payment order is convicted of violating Article 334(1) of the Criminal Procedure Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the defendant is subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

However, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applied to the details of crimes subject to registration, the history of punishment, character and conduct, the possibility of prevention by other measures, etc.