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(영문) 의정부지방법원 2013.10.08 2013고단2218
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall distribute or possess child or juvenile pornography.

Nevertheless, around April 26, 2013, at the Defendant’s house of Kuri-si C 301, the Defendant publicly shared the obscene materials referred to in the title “ [Korean Nowon-gu, Korea Nowon-gu] and D.avi], and distributed children and juveniles pornography by openly sharing them so that many and unspecified people can get connected with the obscene materials referred to in the title “htp” (htp:/www.utor.com).

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation intelligence;

1. Application of Acts and subordinate statutes to report on the arrival of internal organs;

1. Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (Punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity heavier than punishment);

1. Selection of a fine for negligence;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the crime of this case, which is a sex offense against a child or juvenile subject to obligation to register and submit personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); and Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 33 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012).

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