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(영문) 전주지방법원 정읍지원 2015.05.12 2014고단552
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 2014, at around 19:21, the Defendant openly displayed obscene materials for children and juveniles by accessing Internet Facebook to Adi C and posting a photograph of a male child.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the Cyber Team operator and the report on the commencement of internal investigation;

1. Application of Acts and subordinate statutes to obscene materials photographs;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and select punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be sentenced by a fine in consideration of the distribution of child or juvenile pornography and the nature of the crime is heavy, but it does not actively spread the photograph of the child in the face-to-face, and it does not contain any record of crime in the Republic of Korea.

Since the defendant is deemed to have insufficient capability to use the Korean language as a foreigner, no order to complete a program shall be imposed on the defendant under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to special circumstances.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information, the defendant is a person subject to registration of personal information 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 relevant agency pursuant to Article 4

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect of the sexual crime subject to registration that may be achieved due to such factors, and the effect of protecting the victims, in a comprehensive manner.

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