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(영문) 대전지방법원 2013.12.11 2013고정1180
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2013 high-level 1180] On April 2, 2013, the Defendant connected D Co., Ltd., which was located in Suwon-si C, to his/her Internet file sharing site, puts his/her ID “E” and password into the Internet file, and distributed a child or juvenile pornography file containing any image of sexual intercourse with a child or juvenile obscenity file containing sexual intercourse with an unspecified number of people so that they can download it.

[2013, 1263] The defendant from around 09:09 on March 15, 2013 to the same year

4. From 21:29 up to 21:29, at the same time and place as indicated in the separate list of crimes, access “E” was distributed so that many and unspecified members using the above website can get multiple types of obscene videos, such as a obscenity video, in which children’s and adults have a face-to-face-to-face-to-face image, such as a obscenity video, in which children’s and adults have a face-to-face image, for the purpose of obtaining a file-to-face point.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on internal investigation (in response to the result of execution of a warrant for search, seizure, inspection) and the request for communication confirmation data;

1. Application of photographic Acts and subordinate statutes after capturing the Internet;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; June 19, 2013);

1. Selection of each alternative fine for punishment;

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. The defendant shall be liable to submit personal information under Article 334(1) of the Criminal Procedure Act, where a conviction becomes final and conclusive on the facts constituting the crime in the judgment.

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