아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
From around 2017, the Defendant had been aware of the characteristics of the program, which was distributed at the same time, when he used the “cene” program (P2P), which is a personal file sharing program (P2P).
Nevertheless, from around 03:53 on August 7, 2019 to 12:01 on the same day, the Defendant: (a) carried out a DNA file from the south-dong apartment C’s dwelling area of the Defendant of the Nam-gu apartment C, Nam-gu, Chungcheongnam-gu, the Defendant distributed child and juvenile pornographys every 54th child and juvenile pornography, as shown in the list of crimes in the attached Table, by downloading the video files of “E” in which female children and men have a face-to-face of sexual intercourse and similar act; and (b) distributed them by transmitting the video files to many unspecified persons who implemented a Saturdays program.
Accordingly, the Defendant distributed obscene materials for the use of children and juveniles.
Summary of Evidence
1. Application of Acts and subordinate statutes to the Defendant’s legal statement, reporting on internal investigation into the Defendant’s respective internal investigation reports, analysis reports on the acts of spreading sirens, investigation reports (verification of obscene materials used by children or juveniles, and attachment of CDs);
1. Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) and the selection of fines for criminal facts
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. In full view of the following circumstances, the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Welfare of Persons with Disabilities, and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the Defendant’s age, type of crime, criminal process, criminal records, social benefits expected by an employment restriction order, the effect of preventing sexual crimes, and the disadvantage and anticipated side effects of the Defendant.