아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who operates ‘D' with computer and monitoring facilities in the 12 room from the 3th floor of Bupyeong-gu, Seocheon-gu, Seoul to operate the 12 room.
No person shall sell, lend, or distribute any child or juvenile pornography for profit, or possess, transport, openly exhibit or screen it for such purpose.
Nevertheless, at around 18:50 on April 3, 2013, the Defendant installed and operated a computer for each guest room enclosed with the above business establishment, and installed a stringer, etc. to view obscene videos on the computer screen, and received user fees of KRW 5,00 per hour from many unspecified customers, and made customers view child and juvenile pornography by using the 13th unit "B on the website server", "Y-Domining", and "E and Nar" as children, juveniles, or women who can be perceived as children or juveniles under the title of "E and Nar", by allowing them to view video images with which men and juveniles engage in sexual intercourse or similar act.
Accordingly, the Defendant openly screened child and juvenile pornography for profit-making purposes.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes on site photographs, screen pictures after network closures, pe-cape screen pictures after closures, screen pictures after closure of a video, and on-site images;
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);
1. Article 62 (1) of the Criminal Act;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be 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 shall be subject to Article 4