2013 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscenity)

So,, ○○ (86***************) and college students.

Residential Dong-gu or below Daejeon omitted

Reference domicile Daejeon: Omission below the Jung-gu

Freeboard (Lawsuits) and leaptable (Trial)

Attorney Park Hyun-sik (Korean, Counsel for the plaintiff-appellant)

May 22, 2013

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

On September 2012, the Defendant, at the residence of the Defendant located in Daejeon Dong-gu Daejeon, sent a notice stating that “Adi” ck*** * * ? ‘On the Internet file sharing website (htp: / www / www.com.com) the Defendant appeared in the store, and distributed a video to engage in sexual intercourse, following the appearance of those who can be perceived as children, juveniles, or children and juveniles.

Summary of Evidence

1. The defendant's partial statement in court;

1. Results of inspection by this Court;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Obligation to Submit Personal Information

Since a judgment of conviction was rendered against the defendant as a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), if this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse and is obliged to submit personal information to the competent agency in accordance with Article 34 of the same Act.

Defendant’s argument and judgment

The defendant asserts to the effect that the person appearing in the video of this case is not a juvenile, but a juvenile cannot be clearly perceived as a juvenile, and thus does not constitute a child or juvenile pornography.

In accordance with the evidence duly adopted and investigated by this Court, including the result of the inspection of this Court, the defendant posted the video of this case, and the defendant "(fe.g., p., p., p., p., p., p., p., p. a.m., p., p. a.m., p. a.m., p., p. a.m., the k. k. k. k. k. of the instant video, and a woman sent to a school with the k., who was sent to the school uniform, directly explains the contents of the instant video of this case." Thus, it shall be deemed that the "child or juvenile pornography" appeared as a "child or juvenile pornography" and it shall not be deemed that the relevant person is actually known as an adult.

Therefore, the defendant's above assertion is rejected.

Records of Judges Lee Jong-soo