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(영문) 수원지방법원 성남지원 2013.09.04 2013고단1676
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 shall be paid.

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show child or juvenile pornography.

Nevertheless, on April 18, 2013, the Defendant openly displayed and distributed child and juvenile pornography to many unspecified people who have access to the said site by openly displaying a child and juvenile pornography at the office of the Defendant 227, Seongbuk-gu, Sungwon-si, Seongbuk-gu, Seoul, by linking the Internet web drive (www.tsk.co.co., Ltd.) to Ad'C and making a sex-related relationship by the appearance of the known body children.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of each Act and subordinate statutes governing communications data sessions;

1. Article 8(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Presidential Decree No. 11572, Dec. 18, 2012): Selection of fines for negligence

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

1. Since the Defendant who has registered personal information under Article 13(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) was convicted of having committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), if this judgment becomes final and conclusive, the Defendant becomes a subject of personal information registration pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to

However, in light of the content of a crime subject to registration, the history of punishment, character and conduct, and possibility of prevention by other measures, etc., it is deemed that there are special circumstances that may not disclose personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, no order to disclose or notify personal information is issued.

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