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(영문) 서울남부지방법원 2013.10.08 2013고정1254
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 shall be one day.

Reasons

Punishment of the crime

On September 25, 2012, the Defendant openly displayed and distributed child and juvenile pornography by openly displaying and distributing child and juvenile pornography using obscene materials, which could have been perceived as a juvenile, under the title “B,” by accessing the Internet web website (www.nedisk.com) in the PC room near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the ID in the name of “B” (www.n.n.k.com).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of overlapped Acts and subordinate statutes;

1. Article 8(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11690, Mar. 23, 2013) and the selection of fines for criminal facts

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order shall be determined in full view of the criminal records of the defendant, the background, means, methods, results, etc. of the crime in this case.

As long as a defendant declares a conviction of a fine on a sex offense against a child or juvenile, in principle, orders to complete a program shall be imposed on the defendant. However, in the instant summary order, the defendant did not impose orders, etc. on the defendant, and only the defendant applied for a formal trial, no order to complete a program is imposed in accordance with the principle of prohibition against disadvantageous change under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). If this judgment to submit personal information becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of the competent police

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