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(영문) 인천지방법원 부천지원 2021.03.24 2020고단3404
아동ㆍ청소년의성보호에관한법률위반(성착취물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall openly exhibit or screen children or youth exploitations.

Nevertheless, on February 21, 2020, the Defendant connected D channel room “E” by using PC from the building C at Bupyeong-si, Bupyeong-si, B around February 21, 2020, and posted a photograph exposed to the sexual organs, etc. of women and men, who are perceived as children and juveniles, on a reading room.

As a result, the defendant openly displayed children and youth exploitation water.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement and report (related to evidential materials) to the materials requested for an investigation;

1. Article 11(3) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) on criminal facts

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. To order the act of posting obscene materials for the sentencing of Article 21(2) of the Act on the Protection of Children against Sexual Abuse, which is likely to seriously distort the sexual awareness of the users of the given obscene materials, and at the same time to cause other sexual crimes against the children, at the same time inducing the sexual exploitation of the children who can be punished in the course of producing and producing obscene materials.

However, the fact that the defendant recognized the crime and misjudgments the mistake, and the defendant took into account the first offense that has no record of criminal punishment in favor of him/her, and taking into account other factors such as the defendant's age, occupation, sex behavior, environment, family relationship, circumstances after the crime, etc., and various sentencing conditions as shown in the records and theories of changes, such as the defendant's age, occupation, sex behavior, circumstances after the crime

Where a conviction of a defendant against a sex crime on the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant shall be punished for such sex crime.

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