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(영문) 수원지방법원 성남지원 2013.04.24 2013고정399

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 shall be paid.

Reasons

Punishment of the crime

1. On August 2012, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials), visited the Defendant’s DNA “C” from the Defendant’s home located in Hanam-si, a file-sharing site (www.alftilt) to the Defendant’s DNA “C” and opened the video files and photographs of the Defendant’s sexual act with the victim who was enrolled in the first year of high school at the time of the F as the title “D-10 Einematographic photo (DC addition)”, the Defendant, as his/her business, opened the video files and photographs of the Defendant’s sexual act with the victim who was enrolled in the first year of high school, so that many and unspecified members of the above site receive points and download the said child and juvenile pornography.

Accordingly, the Defendant publicly distributed and displayed child or juvenile pornography.

2. The Defendant damaged the reputation of the victim by openly pointing out facts by placing a video image from the victim’s face to the bulletin board at the above time and place of defamation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the filing of a complaint and the submission of data;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 307 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Since the defendant who has registered personal information under Articles 70 and 69(2) of the Criminal Act was convicted of a sex offense against a child or juvenile, if this judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and shall be obligated to submit personal information to the head of the competent police office having jurisdiction over his/her domicile pursuant to Article 34(1)

Provided, That personal information shall be personal information pursuant to the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the same Act in light of the details of crimes subject to registration, the history of punishment, character and conduct, and the possibility of prevention by other measures.