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(영문) 서울중앙지방법원 2013.04.24 2012고단7122

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 DNA user of the file 'C' site (www.fleleuri.com) where an individual can share mutual data.

The Defendant distributed a total of six children and youth pornography, as described in the list of crimes in attached Form 1, in a way that he/she shares obscene videos, which can be perceived as children, juveniles, or children and juveniles, under the title of “luri, Korean-friendly, rape2 (ri),” which is kept in his/her own computer, in his/her own residence, so that members of a number of unspecified file format could download them. < Amended by Act No. 11004, Sep. 7, 2012; Act No. 11000, Oct. 17, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to a investigative report (faging data and video data CDs);

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of distribution of child or juvenile pornography), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction against the Defendant, who shall file for the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive on the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the Defendant is a person subject to registration of personal information pursuant to 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 competent