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(영문) 광주지방법원 순천지원 2014.05.23 2014고단339

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show child or juvenile pornography.

Nevertheless, around September 17, 2013, the Defendant had access to D’E, an Internet file sharing site, at the Defendant’s residence located in D’, and distributed child and juvenile pornography by downloading to allow a large number of unspecified people to view or download obscene cartoon video files containing sexual intercourse, etc. with juveniles under the title of “F” on the N’’s bulletin board.

Summary of Evidence

1. Defendant's legal statement;

1. Evidentiary materials;

1. Application of the Acts and subordinate statutes to response requests for provision of communications data;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and select punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is 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 the accused is obligated

It is so decided as per Disposition for the above reasons.