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(영문) 광주지방법원 2013.10.16 2013고단3310

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant,

1. On April 2013, at the Defendant’s residence located in B of the date B, the Defendant distributed child and juvenile pornography by placing a title “w.me 2diske.com” on the bulletin board of the Internet site “in the children and juveniles’ home,” in a way that the women who suffered school uniforms that can be perceived as children and juveniles can download with the male and the sexual intercourse, so that many unspecified people can download;

2. On April 2013, at the same place as of April 1, 2013, at the Internet bulletin board as referred to in paragraph (1) of this Article, a video work with the content of sexual intercourse between men and women was posted so that many unspecified people can download, thereby distributing obscene images via an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning visual closure data;

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (elective of fines) concerning criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information of this case under Article 334(1) of the Criminal Procedure Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), the defendant is a person subject to registration of personal information in accordance with Articles 4(2) and 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply). Therefore, the defendant is obligated to submit personal information to a related agency pursuant to Articles 5 and 4