2013Ma283 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials)

Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc.

at rates in violation of this section (obscenity)

1. An internal (85 years old, south) or non-permanent official;

Busan

Busan District Court

2. (88 years old, female), nurse, or nurse;

Busan

3. Standard place of registration

Freeboard (prosecutions) and Red Roster (Public Trial)

Ma Law Firm (for the proposal of Defendant)

[Defendant-Appellee] Defendant 1

Attorney Wh Jeong-sik (Korean National Assembly Line for the purpose of being the defendant)

June 20, 2013

1. The defendant shall be punished by imprisonment with prison labor for up to two years and six months, and by imprisonment with prison labor for up to one year;

2. Provided, That with respect to the defendant, the execution of the above punishment has been deferred for two years from the date this judgment became final and conclusive; 3. To order the defendant inside the defendant to complete sexual assault treatment programs for 80 hours;

4. A smartphone (IM - A860L), two bankbooks (No. 1), two head of Tongs (No. 3), one physical card (No. 4), two pages (No. 5), one computer body (No. 6), three (No. 7 (No. 8), seven (No. 8), one panty typus (No. 9), one rabging (No. 10) and one oral (No. 10) shall be confiscated.

5. 36,879,228 Won from the defendant's inside shall be collected as a penalty.

Criminal facts

The Defendants, due to internal relations, did not have much profits while selling clothes or videos exposed to the Defendant’s flags or sound, etc. on the Internet website, and the Defendant’s inside was intended to photograph and sell the pictures exposed to the sound part of the flag of private village and flag, a juvenile (13 to 15 years old at the time of birth on September 18, 197).

1. Defendant’s knowledge

From around March 10, 2011 to March 10, 2013, the Defendant produced child and juvenile pornography by photographing the appearance of the juvenile at the home located in the Si/Gu/Eup/Myeon/Eup/Myeon in Busan by using his mobile phone in the manner that the juvenile at ○○, a person who is a juvenile, reported to strawing by using his/her cell phone, and the appearance of the school uniform puts into the school uniform.

2. Defendants

(a) Violation of Information and Communications Network Utilization Promotion Act;

The Defendants conspired to sell through the Internet website photographs of Defendant 1’s inner clothes or clothes worn by Defendant 1, or his sound, etc. and to use them for their daily expenses.

From December 4, 2009 to March 14, 2013, the Defendants posted a letter to the effect that they sell obscene photographs to many unspecified persons, such as 10,50 won and 900 won, and 30,000 won, 130,000 won and 40,00 won, and 30,00 won,1,00 won, 10,000 won, and 30,000 won, 10,000 won, and 10,000 won, and 10,000 won, and 10,000 won, and 20,00 won, and 20,00 won, and 10,000 won, and 20,00 won, from the purchaser to the buyer by using the passbook in the name of the Defendant.

Accordingly, the Defendants conspired to sell obscene images through the information and communications network.

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

The Defendants conspired to sell obscene materials recorded as stated in Paragraph 1 via the Internet site, and the Defendant provided account and sales IDs to receive remittances from the purchaser, and shared the Defendant’s knowledge to sell pictures, etc. through the Internet site.

From around April 15, 2011 to April 15, 2013, Defendant’s burial posted a notice to the effect that obscenity photographs are sold to many unspecified persons, such as the department store, etc., at the same place as Paragraph (1) and at the same time as the Defendant’s burial, Defendant’s above-mentioned photographs were sold in KRW 10,50,000, KRW 250,000, KRW 900,000, KRW 30,000, KRW 30,000, and KRW 1,300,000, KRW 1,300,000, and then sent the amount from the purchaser to the passbook in the name of the Defendant, and then sent the obscenity products produced using the e-mail as above

As a result, the Defendants conspired to sell child or juvenile pornography for profit-making purposes.

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement to the police officer of ○○;

1. Police seizure records;

1. Each internal investigation report, conversation content, deposit certificate, sales photograph, obscene material photograph, response content, request for provision of communication data, motion for withdrawal image, picture photograph, entrance picture, relevant photograph files, photograph files, etc., a certified copy of resident registration (Evidence List 2 through 10, 13 through 17, 21, 23, 24, 29, 31, 33);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. inside the Defendant: Article 8(1) 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) (Article 74(1)2 and Article 44-7(1)1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 30 of the Criminal Act (a), Article 8(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply); Article 30 of the Criminal Act (a)

(b) Defendant: Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 30 of the Criminal Act ( comprehensively referred to as “the sales of obscene images,” collectively referred to as “the choice of imprisonment”); Article 8(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act ( comprehensively referred to as “the sales of child and juvenile pornography”);

1. Aggravation for concurrent crimes;

A. Defendant-8: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the sum of the long-term punishments of each of the above crimes] from among concurrent crimes resulting from the production of obscene materials by children and juveniles with the largest punishment (production, distribution, etc. of obscene materials)] crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse. The Defendant: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the sum of the punishment of each of the above crimes]

1. Discretionary mitigation;

Defendant: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances in the grounds for sentencing)

1. Suspension of execution;

Defendant: Article 62(1) of the Criminal Act (The following grounds for sentencing are considered as favorable circumstances, etc.)

1. Order to complete programs;

- Defendant: Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse and the main text of Article 21(2) of the same Act

1. Confiscation;

Defendant Ansan: Article 48(1)1 of the Criminal Act

1. Collection;

Defendant: Article 48(2) and 48(1)2 of the Criminal Act

Grounds for sentencing

1. The scope of punishment by law;

Defendant: Imprisonment of 2 years and 6 months to 19 years: Imprisonment of 1 month to 8 years;

2. Scope of sentence by the sentencing criteria; and

The sentencing criteria are not set.

3. Determination of sentence;

The Defendants have directly produced obscene materials over several years and sold them to an unspecified number of people via the information and communications network. In particular, the Defendant’s inside was led to the production and sale of obscene materials, and the proper decision making has been made by treating the materials to be used by children and juveniles as being frightened up to their age, and selling them to many and unspecified persons. The nature of the crime is very poor. The Defendants’ profits, which the Defendants have sold obscene materials over several years, are superior to KRW 30 million. Considering the period of the crime, the scope of dissemination, the high spread of media and the degree of social harm and harm caused thereby, the Defendants cannot be punished.

However, the defendants recognized their criminal acts and reflects on the fact that the defendant's awareness appears to have reached the crime of this case while living together with the defendant while suffering from economic difficulties. The defendant's participation in the crime of this case can be considered to have not refused the request of the defendant who is a cohabitant, and the defendant's participation in the crime of this case. The degree of participation is not more severe, and the defendant's awareness does not want the punishment of the above defendant, the defendant's senior mother and senior mother appear to have strong protective intent against the above defendant. The defendant's awareness does not have any other force than a fine on one occasion, and the defendant's awareness does not have any force on criminal punishment, and the defendant's punishment is to determine the punishment against the defendant by taking into account all the circumstances shown in the arguments of this case, such as the background, age, character and conduct of the crime of this case, family environment, etc.

Registration of Personal Information

Where a conviction is finalized against the Defendants on the facts constituting the crimes listed in paragraph (1) or Article 2-b of the judgment, the Defendants are obligated to submit personal information to the competent authority pursuant to Article 43 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012); Article 4(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 33(1) of the former Act on the Protection of Juveniles against Sexual Abuse; Article 42(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Judges Kim Jong-chul

Judges Jeon Soo-tae

The number of judges;