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(영문) 서울서부지방법원 2013.04.12 2013고단423
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, a person operating an adult PC in the name of Jung-gu Seoul Metropolitan Government, from March 1, 2012 to August 7, 2012, the Defendant: (a) installed 9 computers in the said PC; (b) installed a bulletin board for obscene materials, which is called “integrated 1 to integrated 8 books”; and (c) paid 200,000 won per month to provide obscene materials from the operators of the site of obscene materials, such as “C”, in real time; (d) provided obscenity materials from the operators of the site of obscene materials, such as “C,” and provided 5,00 won per hour for use, and the name from which he/she was identified, which is perceived as children and juveniles, appeared; and (d) expressed the representations of Japanese female women, including the head of “(3D) in which children and juveniles use obscene materials, such as the video files, and sexual intercourse with male and female students, and provided 50,57,000 sexual images, including sexual intercourse and sexual intercourses.

Accordingly, the Defendant distributed obscene materials used by children and juveniles, and distributed obscene videos through information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Criminal Address Act and the Investigation Report Act

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. Commercial concurrent crimes under Articles 40 and 50 of the Criminal Act. (Selection of fines prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity);

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

1. Where a judgment becomes final and conclusive on the obligation to submit personal information under Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to the chief

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