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(영문) 인천지방법원 2013.10.08 2013고단4458

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.

Reasons

Punishment of the crime

The Defendant is a person who uses a DNA “B” on an Internet file format (htp:/www.fleleleuri.com) site.

On May 1, 2013, at the Incheon Seo-gu C and 2 Dong 502 (D Building), the Defendant accessed the Internet file book using a computer to access the Internet file book, and then distributed child and juvenile pornography by sharing and designating child and juvenile pornography with a content that a child engages in sexual intercourse with an adult male on the bulletin board so that many unspecified people can download it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to evidential materials and replies after closure;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the selection of fines on 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 Act on the Protection of Children and Juveniles against Sexual Abuse before order to complete a program;

1. Since a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act was convicted of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), if this judgment becomes final and conclusive, the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to relevant agencies pursuant to Article 43

However, in light of the content of a crime subject to registration, the history of punishment, character and conduct, and possibility of prevention by other measures, etc., it is deemed that there are special circumstances that may not disclose personal information 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. Thus, no order to disclose or notify personal information is issued.