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(영문) 창원지방법원 통영지원 2013.11.08 2013고단639
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

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

1. On April 18, 2013, the Defendant, at the Defendant’s residence located in Tong Young-si, visited the file file (htp://ystile.com) to an undisclosed “D”, which is a file-sharing website, and at the same time, opened a cartoon image file containing the content of “(E1-3)” on the adult bulletin board of “(E1-3)” (No. 1-3) by a person who can be recognized as a juvenile as a juvenile, such as sexual intercourse or similar sexual intercourse.

2. On April 21, 2013, the Defendant, at the same place as indicated in paragraph (1) on April 21, 2013, accessed to “B” the file-sharing website, a file-sharing website (www.p.co.k.), and opened the files as described in paragraph (1) on the bulletin board of “other” as the same title as described in paragraph (1), and as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to capture data by obscenity video images;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 2012); and selection of fines, respectively, for the relevant criminal facts;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 4 of the Addenda to the Act;

1. Where a judgment of conviction becomes final and conclusive on a crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes a person subject to registration of personal information under Article 33(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency under Article 34 of the same Act.

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