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(영문) 창원지방법원 2013.04.30 2013고정12

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Although anyone who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) did not distribute, openly exhibit, or exhibit child and juvenile pornography, the Defendant installed one computer in a eight-dimensional room of the size of one square meter from the early police officer of early August 201 to the Kimhae-si B while operating in Kimhae-si B, and used the same to store an obscene video product contributed by adults, children, and juveniles to four folds of the computer screen to the 12th adult film board to the 15th adult film board, with the intent of attracting an unspecified number of customers to engage in business.

On September 4, 2012, around 22:35, the Defendant: (a) received KRW 5,000 per hour from D, a customer who had found the above place; and (b) KRW 8,000 per two hours from E; and (c) provided guidance to the above D and E as a classified room, and (d) shown obscene video products in which adults, children, and juveniles have sexual intercourse.

2. A person who runs a business affecting public morals in violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals, has violated the rules on business operators by allowing D, etc. who are customers to view and peruse obscene documents, pictures, videos, and other obscene materials in the same manner as those referred to in the preceding paragraph, at the time and place under the same time and place as those referred to in the preceding paragraph.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each statement of E and D;

1. Records of seizure and the list of seizure;

1. With respect to investigation reports (in the analysis of evidence), application of Acts and subordinate statutes on internal investigation reports (in the case of attaching photographs at the control site);

1. Relevant Article on criminal facts, Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 10 (2) and 3 subparagraph 3 (b) of the Act on the Regulation of Amusement Businesses Affecting Public Morals, and the choice of fines, respectively;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.