Text
Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
No one shall distribute obscene materials for use by children or juveniles, and shall distribute obscene videos through an information and communications network.
Nevertheless, on November 4, 2012, the Defendant, using a computer, connected a file format (htp:/www.wi.le.com) via an Internet data-sharing site with the ID referred to as “B” on the said website, and allowed an unspecified number of people to have access to the said website and download it by sharing one of the child and juvenile pornography referred to as “Tgu play stop dyle-fi.mv” on the said website, and allowing an unspecified number of people to have access to the said website and download it, including obscene materials referred to as “.avi, to be carried on in the course of gathering,” and by sharing a total of 157 obscene materials, such as obscene materials referred to as “b.avi, to have access to the said website by an unspecified number of people and download it.”
Accordingly, the Defendant distributed obscene materials used by children and juveniles, and distributed obscene videos through information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on internal investigation:
1. Application of the Acts and subordinate statutes governing the display of obscenity and video screen pictures;
1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 74 (1) 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Article 44-7 (1) 1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc., which has
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Where a conviction is finalized against a defendant who shall submit personal information under Article 334(1) of the Criminal Procedure Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is a person subject to registration of personal information.