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(영문) 부산지방법원 동부지원 2014.12.11 2014고정1347

청소년보호법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

From June 20 to June 20, 2012, the Defendant registered its business with the trade name “B” and sold sex-related articles, such as sexual shots, which are media products harmful to juveniles, at “C”, which is an Internet adult product sales site. A.

Where a media product harmful to juveniles falls under the category of code, words, sound, or image information through telecommunications under the Telecommunications Business Act, a person who provides such code, words, sound, or image information shall affix a mark indicating that it is harmful to juveniles to juveniles.

Nevertheless, from June 4, 2013 to January 13, 2014, the Defendant operated the above site at the Defendant’s office located in Busan Shipping Daegu, and did not place a mark indicating that “19 gold” is “not available to juveniles under the Juvenile Protection Act as media materials harmful to juveniles” or “it is possible to use them as media materials harmful to juveniles under the age of 19 pursuant to the Juvenile Protection Act.”

(b) A person who intends to sell, lend, distribute, or provide media products specified by Presidential Decree as media products harmful to juveniles for viewing or using shall verify the other party's age and identity, and shall not sell, lend, or distribute to juveniles, or provide them for viewing or using;

Nevertheless, the Defendant did not confirm the age and identity of an unspecified number of members of the above Internet site operated by himself/herself at the same time and place as the preceding paragraph, so that the Defendant allowed juveniles to purchase and use sexual instruments such as sexual shots for men, which are media products harmful to juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing grounds for accusation;

1. Subparagraph 1 of Article 58 of the Juvenile Protection Act, Article 16 (1) of the same Act (the point of providing media materials harmful to juveniles, the choice of fines), and Article 59 subparagraph 1 of the same Act concerning criminal facts;