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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operates an adult telephone room in Seongbuk-gu, Sungnam-si. From March 16, 2012 to August 7, 2012, the Defendant: (a) installed one computer in the above “B” adult telephone room in five rooms for customers; and (b) paid KRW 150,000 per month to D operators who are obscene site, and provided obscene materials in real time; and (c) received KRW 5,000 per hour from customers who find the place and received KRW 5,00 per hour for use from female students who are children and juveniles and received KRW 5,00 per hour for sex intercourse, etc.; and (d) viewed the same obscenity and 57,508, including the video, etc., as described in the item of “(3D)”, including the video, etc., with which both men and women are exposed to sexual intercourse and have sexual intercourse, and see the same obscenity and 57,508.
Accordingly, the Defendant sold child or juvenile pornography for profit, and sold obscene images via information and communications networks.
Summary of Evidence
1. Defendant's legal statement;
1. Report on investigation results;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 8 (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Presidential Decree No. 11690, Mar. 23, 2013); Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that no record of punishment other than the fine has been imposed, the fact that there is no previous record of the same offense, and the fact that a person repents his depth;
1. As such, inasmuch as a judgment of conviction was rendered against a defendant as a sex offense against a child or juvenile, such as the registration of personal information under Article 8(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11690, Mar. 23, 2013), the defendant was prior to the amendment to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11690, Mar. 23, 2013).