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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
1. Around 02:00 on March 10, 2014, the Defendant, using an Internet file sharing program (eMULE) within 101 Gangseo-gu Seoul Metropolitan Government, stored and possessed the video pornography of the title “A female juveniles with a view to downloading the sex to a complete body,” and stored them on a computer, using the Internet file sharing program (eMULE) program.
2. Around 17:54 on March 21, 2014, the Defendant publicly shared and distributed the said obscene materials, which were held by the Round as described in the foregoing paragraph 1. within the place indicated in the foregoing paragraph 1., to a public way so that many and unspecified people can download them through a eMUL program.
Summary of Evidence
1. Defendant's legal statement;
1. Application of photographic Acts and subordinate statutes by cutting down the spool child protection system and capturing obscene materials;
1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of possession of child or juvenile pornography and the choice of fines) on criminal facts and Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of distribution of child or juvenile pornography and the choice of fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentence is rendered as ordered in consideration of the fact that a female juvenile has possessed and distributed obscene materials contributed by him/her in the reason of sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse. However, it cannot be deemed that the crime’s quality is somewhat weak in light of the fact that the defendant recognized his/her mistake, the fact that he/she has no record of punishment, and other various sentencing conditions, including the defendant’s age
Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that are sex crimes subject to registration and submission of personal information, the accused shall be punished for sexual crimes.