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(영문) 서울중앙지방법원 2013.04.19 2013고단593
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

During the period from October 21 to December 2011, 201, the Defendant opened Japanese animation in which a sexual intercourse is conducted by having access to the web site (www.filthm.com) from the original room of Defendant’s residence located in Gangnam-gu Seoul, to Add'C, and an d'Idd', and an d'Idd', to get points to download files within the same file box, and distributed obscene videos through each information and communications network, as recorded in the list of crimes, such as sharing of files so that many unspecified fileers can download by October 8, 2012, and simultaneously distributed obscene videos through each information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a investigative report (i.e., signboards and screen images);

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the distribution of obscene materials for children and juveniles), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (referring to the distribution of obscene materials) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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 against the Defendant, who shall file for the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive on the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant is obligated to submit personal information to a competent

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