아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) distributed child and juvenile pornography by putting a video image of sexual intercourse with children and juveniles and adult male, as its title, “(htp://www.g.m., Internet file sharing site htp) by using a computer, at the Defendant’s home located in Yongsan-si D building 202, 703, from early October 2012 to November 2, 2012, the Defendant distributed child and juvenile pornography by making it possible for unspecified persons to download with the video image of sexual intercourse with children and juveniles.”
2. A person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) did not exhibit obscene codes, words, images, or videos openly through an information and communications network; however, the Defendant had access to the said site by using a computer at the same time and place, and distributed obscene images via an information and communications network by allowing an unspecified number of members to have a total of 1,292 obscene videos, such as video images, etc., with the content of sexual intercourse with the adult male and female, as described in the title “strut stacker stru.mpg”.
Summary of Evidence
1. A investigation report (obscenity A);
1. A report on internal investigation (as regards the designated site and cyber money);
1. Application of the Acts and subordinate statutes concerning internal investigation reports (to attach data to the screen of obscenity E in 190), and to the screen;
1. The selection of a fine or fine under Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;