2. Where the defendant does not pay the above fine; 50.

No person shall distribute obscene materials for children’s use and distribute obscene images through an information and communications network.

그럼에도 불구하고 피고인은 2012. 8. 하순경 부산 부산진구 B빌라 씨동 201호에 있는 피고인의 집에서 컴퓨터를 이용하여 인터넷 큐파일 사이트에 피고인이 사용하는 아이디로 접속한 후, ‘(서양)샤워하는 러시아 소녀 따라가서 ㅎㅎ.avi'라는 제목의 아동청소년 이용 음란물을 배포하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to documentary files A’s extraction data and the relevant dynamic images to capture data;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Selection of selective fine for punishment (the fact that the punishment is recognized and reflected, and the fact that there is no previous conviction, etc.);

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

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act was convicted of a sex offense against a child or juvenile, the defendant shall be a person subject to the registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 34(1) of the same

However, in light of the content of the crime subject to registration, the history of punishment, character and conduct, and possibility of prevention by other measures, etc., it is determined that the disclosure of personal information is prohibited pursuant to the proviso of Article 38(1) and the proviso of Article 38-2(1) of the same Act, and thus, the order to disclose and notify the personal information is not issued.