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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) on October 4, 2016, the Defendant, at the Defendant’s house No. 11:13, Pyeongtaek-si B, 202 Dong 1301, connected the Internet file sharing site to “C”, “E” and posted a video on which a woman who wears a uniform under the title of “E” has sexual intercourse with a man, as shown in the list of crimes 1, and displayed two copies of obscene materials used by children and juveniles from the above date and time to October 16:43, 2016.
2. On October 4, 2016, the Defendant posted six obscene images from the above date to October 16, 2016, 201: (a) at the same place as before and after having connected “C” to “C”, which is an Internet file sharing site; and (b) having posted “F” images with a sexual intercourse between women and men; and (c) having displayed six obscene images from the above date and time to October 44, 2016, to openly exhibit obscene images.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on internal investigation reports (the heads of child-used pornographys and the details of receipt of cases, and the closure of obscenity posted by the suspect A and the list of crimes);
1. Relevant legal provisions and Article 11(3) of the Act on the Protection of Juveniles against Sexual Abuse (the distribution of obscene materials used by children), Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., and the selection of each fine for a crime;
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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;