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(영문) 인천지방법원 2014.02.18 2013고정3638
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 2013, the Defendant posted obscene videos (the file name: the teacher who caused the death of the Defendant and the student 1) of which the Defendant had sexual intercourses between men and women on the Internet site “D” through a computer at the Defendant’s house located in Cheongju-gu, Cheongju-si.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on replies;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of evidentiary materials);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines for negligence;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the main charge) of the provisional payment order;

1. On April 2013, the summary of the facts charged is that the Defendant, at the Defendant’s house located in Heak-gu, Youngdong-gu, Cheongju-si, had access to “D” on his website by means of a computer to “D”, “IE”, and “IE” on the bulletin board of the adult website, and the students and students who suffered her obscenity, which can be perceived as children and juveniles, appeared, and the students and students who had children, who had sexual intercourseed in the school classroom, posted a obscene image of the content that other members could get other members receive the said file.

2. Determination

A. Article 2(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) defines “children, juveniles, or persons or representations that may be perceived as children or juveniles” as “children or juveniles, or persons or representations that may be perceived as children or juveniles,” but was wholly amended by Act No. 11572, Dec. 18, 2012, “children, juveniles, or juveniles may be clearly perceived as children or juveniles.”

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