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(영문) 대전지방법원 2012.12.27 2012고단3471

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 5, 2012 to September 6, 2012, the Defendant installed a computer in each room at the “D” store operated by the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon, and installed a video file with 173 children or juveniles, including “one-year women in the first grade of elementary school, several times after inserting,” and “6 to 14 children and juveniles,” with their contributions to make a sex-related relationship, etc., and then allowed them to watch the above 5,00 won per hour for viewing by receiving 5,00 won per hour.

As a result, the Defendant openly screened child or juvenile pornography for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Records of seizure by prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on attachment, such as site photographs, CDs for partial storage of obscene videos, internal photographs within a resting room, and attachment of screen files to screen pictures);

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, such as probation;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 48(1)1 of the Confiscation Criminal Act is finalized, the defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to a related agency pursuant to Article 34 of the same Act.

The reason for sentencing is that it is very poor that children or juveniles have set up a video file in a computer to allow customers to watch their sexual intercourse, etc., and the defendant had a record of having been sentenced to a fine of KRW 2 million for a crime that had not been rated even around June 2012. However, the defendant's age is the age of 70 years, and the present place of business is closed by organizing a place of business, and the family relationship of the defendant is the family relationship.