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(영문) 부산지방법원 2013.11.06 2013고단5108

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

1. The defendant shall be punished by a fine of KRW 30 million.

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

1. On February 27, 2011, the Defendant used a computer in which a eMule, an Internet data sharing program, was installed in Daegu Northern-gu B 2, 201, and “mix [mi] [mix] Xlol I business entity 12YO” in Subparag. (a) carried a video file with foreign children or juveniles exposed to sexual organ and self-defense, and distributed them to many and unspecified persons using the said program, from the above date to April 11, 2013, as shown in the attached list of crimes, while carrying four pornography of children or juveniles using the said program together with the above method and carrying them after viewing at the above place.

2. At the time and place under the above Paragraph 1, the Defendant possessed child and juvenile pornography in the manner of storing them in the Defendant’s computer hard disc “D: Doy Dou/Domen/My Gams”.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on the arrival of internal organs;

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; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201);

1. Selection of each alternative fine for punishment (no person shall have any criminal record of reflectivity, the same criminal record, or the suspension of execution);

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

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Children or juveniles who are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, of the provisional payment order;