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Reasons
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(영문) 부산지방법원 2013.11.06 2013고단5106
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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1. The defendant shall be punished by a fine of KRW 30 million.

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

1. On December 26, 2011, the Defendant: (a) using a computer in which a eule, an Internet data sharing program, was installed in his house located in Busan Seo-gu, Busan, the Defendant: (b) carried out a video file with a foreign female child or juvenile under title (a) exposed to sexual organ and carrying a dynamic image file with an adult male and female sex act; and (c) distributed it to many and unspecified persons using the said program, as shown in the separate sheet of crime, from the above date to April 3, 2013, by carrying them after viewing at the above place; and (d) distributed them to many and unspecified persons using the said program.

2. At the time and place under the above paragraph 1 above, the Defendant was in possession of child and juvenile pornography in the manner of storing them in the Defendant’s computer hard disc “D: Doll eucomling” column.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of overlapping reports, and application of Acts and subordinate statutes to reports on the arrival and departure of internal organs;

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; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201);

1. Selection of each of the selective fines for punishment (i.e., reflectiveness, initial crimes, etc.);

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. 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) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides for personal information of the provisional payment order.

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