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(영문) 창원지방법원 2018.12.14 2018고단2651
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

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

Reasons

Punishment of the crime

On August 6, 2015, the Defendant’s statement in this part of the indictment “D” in the “B”, a website exclusively for children’s obscene materials, is apparent that it is a clerical error due to mistake, and thus, ex officio correction is made.

The title of “E”, “E,” in which children and juveniles appeared so that they can download obscene video files with obscene contents that they conduct sexual acts, so that many and unspecified persons of the above site can download them.

Accordingly, the Defendant distributed or openly displayed obscene materials for children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each internal investigation report (in relation to the investigation of a specific person of the victim involved in this case and attaching records of cases related to the investigation of the operator of the website of the National Police Agency), and each investigation report (in relation to the identification of the suspect as the suspect, data on the transaction of the suspect non-coin as the suspect);

1. Response to a request for provision of communications data;

1. Application of Acts and subordinate statutes on the business list A of internal victims;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of distributing obscene materials used by juveniles and the selection of fines) concerning criminal facts and the selection of punishment therefor;

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In light of the proviso of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from the employment restriction order (the Defendant has no record of being punished for a sex offense, and the background and method of committing the instant crime, circumstances after the instant crime, and the effectiveness of preventing recidivism of orders issued by sexual assault treatment programs, etc., the possibility of recidivism will be low.

In addition, all other circumstances such as the age, sex, occupation, environment, criminal record and risk of recidivism, the degree and expected side effects of the defendant's disadvantage due to the employment restriction order, and the prevention effect of sexual crimes that can be achieved.

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