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(영문) 인천지방법원 2013.11.14 2013고단5966
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 7, 2013, the Defendant used a computer at the Defendant’s residence located in Nam-gu B and 802, Nam-gu, Incheon, for access to the Internet “W.Dgo.com”P2P sharing site to “AdiC” and allowed many unspecified members to download and watch obscene video products with sexual intercourse by exposing sexual organ to the Defendant’s body.

Accordingly, the Defendant distributed or openly displayed child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (Attachment to a screen page set up of a DNA-based website), and a internal investigation report (Attachment to closure data on obscene video screen);

1. Application of Acts and subordinate statutes governing requests for investigation, DNA and monitoring;

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); the selection of fines on criminal facts;

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

1. Where a conviction of the instant crime, which is a sex offense against a child or juvenile subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 33 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) and is obligated to submit his/her personal information to the head of a competent police office pursuant to Article 5(1) of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11572, Dec. 18,

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