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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who has acceded to a DNA “C” on a file-based website (www. fleleuri.com) through which an individual can share mutual data.
On April 2, 2013, from around 20:33 to 23:12 the same day, the Defendant shared a file of “E” that contains a child or juvenile stored in the Defendant’s computer hard disc using the file sharing program at the Defendant’s home located in Eunpyeong-gu Seoul website 101 using the aforementioned website’s file sharing program so that many unspecified members can get access to the file.
Accordingly, the Defendant distributed or openly displayed child or juvenile pornography.
Summary of Evidence
1. Defendant's legal statement;
1. Application of photographic Acts and subordinate statutes on the screen of a closure;
1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Order to complete a program under subparagraph 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. When a conviction on a sex offense subject to registration becomes final and conclusive as indicated in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is obligated to submit personal information to the competent authority in accordance with Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11047, Sept. 15, 201) and Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012).