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(영문) 수원지방법원 성남지원 2013.11.18 2013고단2199
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 16, 2013, the Defendant, at the Defendant’s house located in Sungnam City A, connected the Internet P2P website to AD, and distributed it to an unspecified number of members using the said website by storing a video file of child and juvenile pornography, which is identified as a child, juvenile, or woman’s sexual intercourse, under the title “(Lloita, Lloita, Lloa, Lloa, and Lloa)” on his PC-sharing P2P website, for which “Lloita, Lloa, Lloa, and Lloa” is located.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the screen by capturing obscenity;

1. Article 8(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Presidential Decree No. 11572, Dec. 18, 2012): Selection of fines for negligence

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

1. Since the Defendant who has registered personal information under Article 13(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) was convicted of having committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), if this judgment becomes final and conclusive, the Defendant becomes a subject of personal information registration pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to

However, in light of the details of the crime subject to registration, the history of punishment, etc., it is determined that the act constitutes a case where there are special circumstances that may not disclose personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order to disclose and notify personal information

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