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(영문) 서울남부지방법원 2013.07.10 2013고정1224

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, connected the Internet web site website htp (htp:/www/www.sudisk.com) to Adid'C using a computer, and posted on the adult bulletin board that “(SOD) school, toilet, bus, hospital, elevator shop,” which can be perceived as a child or juvenile, appeared, so that women who suffered school uniforms, which can be perceived as children and juveniles, exposed to the male and sexual organ and sexual intercourse are exposed to obscene video taken by an unspecified number of people.

Accordingly, the Defendant distributed child or juvenile pornography using information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing investigative intelligence reports and replies to communications data;

1. Article 8 (4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.