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(영문) 수원지방법원 안산지원 2013.11.20 2013고단2124
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall distribute, openly exhibit or screen child or juvenile pornography through an information and communications network.

Nevertheless, on April 29, 2013, the Defendant, by using a computer at an influent place, accessed the Internet web site to Ad'B, a file-fluort site, and distributed it in a way that female students who suffered sexual south, fluorized, and sexual intercourse in high school classrooms display a sexual act, and a sexual file of obscene material video products, describing the sex of which, within a high school class, are displayed so that they can download it to the needy users.

Summary of Evidence

1. Defendant's legal statement;

1. Application of closure data and replies and Acts and subordinate statutes;

1. Article 8(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); the selection of fines for criminal facts;

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

3. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense against a child or juvenile subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 33 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); thus, the Defendant is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 5(1) of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012); Article 43 of

Whether the registered information is disclosed or notified, the age, criminal records, and crimes of the defendant.

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