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(영문) 수원지방법원 성남지원 2013.05.08 2013고정467

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From July 201 to July 24, 2012, the Defendant sent obscenity C 107 Dong 601 at the Defendant’s house located in Seongbuk-gu, Sungnam-gu, 201 to the Internet file-sharing website (htp://www.www.gamt) so as to obtain points necessary for gathering video files, etc. by accessing the Internet file, which is an Internet file-sharing site, and allowing a large number of unspecified persons to download the said file by accessing the above website, such as the video video, etc. as referred to in subparagraph 3, 224, including the video, etc., of “in the Eastwest-gu, Seoyang-gu, Seoul, 201, where female children are engaged in sexual intercourse, etc. with adults, etc.” < Amended by Presidential Decree No. 20360, Jul. 24, 2012; Presidential Decree No. 20100, Mar. 24, 2014>

Accordingly, the Defendant distributed or openly displayed child or juvenile pornography, and distributed or openly displayed obscene videos through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: 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. Since a defendant who has registered personal information under Articles 70 and 69(2) of the Criminal Act was convicted of a sex offense against a child or juvenile, if this judgment becomes final and conclusive, 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 head of a police office having jurisdiction over his/her domicile shall submit personal information pursuant to Article 34(1) of the same Act

Provided, That the same shall apply in light of the content of the crime subject to registration, the history of punishment, character and conduct, and the possibility of prevention by other measures.