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(영문) 서울중앙지방법원 2018.03.28 2018고정461
청소년보호법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 200, the Defendant is a person who operates a "C", which is a website for selling Internet products for adults, as determined and announced by the Minister of Gender Equality and Family on September 20, 200 as a product harmful to juveniles.

A person who provides materials harmful to juveniles shall affix a mark indicating that such materials are harmful to juveniles to juveniles with respect to materials harmful to juveniles, and a person who intends to sell, lend, or distribute materials harmful to juveniles for the purpose of profit-making, or provide such materials for viewing, viewing, or use shall verify the age and identity of the other party, and shall not sell, lend, distribute, or provide such materials for viewing, viewing, or use by juveniles.

Nevertheless, at night from September 20, 2017 to September 24, 2017, the Defendant operated the “C’s adult product sales site, which includes the introduction and use of related organizations for the purpose of selling or leasing sex instruments, etc. harmful to juveniles, without verifying the age and identity of the other party, and without confirming the age and identity of the other party.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for an investigation of a person who violates the Juvenile Protection Act and materials attached thereto;

1. Application of this Act to output on the website;

1. Article 58 subparagraph 1 of the relevant Act and Article 16 (1) of the Act on the Protection of Juveniles from among the types of crime; Article 58 and Article 16 (1) of the Act on the Protection of Juveniles from among the types of punishment; Article 59 subparagraph 1 and Article 13 (1) 6 of the Act on the Protection of Juveniles from among the types of punishment; Article 59 subparagraph 1 of the same Act on the Protection of Juveniles from among the types of punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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