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(영문) 광주지방법원 순천지원 2016.08.17 2016고단373
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2015, the Defendant, at the Defendant’s house located in Mayang-si B apartment No. 103 Dong 1410, connected to the Defendant, “C” to the Internet file sharing site (www.gamp. Nt), and distributed to the members of the same site, a child or juvenile pornography who was in a computer hard disc by obtaining points from an unsured person for the purpose of putting up and using points on the said site, by using a video image of “D”, which had sexual intercourse with a man or sexual intercourse with a man.

Accordingly, the Defendant distributed child and juvenile pornography for profit-making purposes.

Summary of Evidence

The application of the statute to the Defendant’s legal statement Adi C C Business Round and Drown detailed search and inspection warrant in the execution of a search and inspection warrant (as to the operating method of the Dozer Doz)

1. Article 11 (2) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal professional child against criminal facts;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

4. Where the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act and the conviction of the instant crime is finalized, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent police station pursuant to Article 43 of the same Act.

Considering the defendant's age, occupation, risk of repeating a crime, details and motive of the crime, process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that can be achieved by an order to disclose personal information, disadvantage of the defendant, etc., there are special circumstances that may not disclose personal information.

Since it is judged, the defendant's personal information registered in accordance with the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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