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(영문) 서울서부지방법원 2014.08.14 2013고정2464
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 2012, at the end of the game strike, the Defendant opened a video recording that expresses the appearance of a woman, who is a child or juvenile, and expressed the content of sexual intercourse, so that members of the file is downloaded, by accessing the Internet file creation (htp:/ftil.com) to Add', Ad'C', and D', at the Internet file creation site (htp:/ftil.com).

Accordingly, the Defendant distributed or openly displayed child or juvenile pornography.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes concerning data blocking a suspect;

1. 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; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”), which is applicable to the relevant criminal facts and the selection of punishment,

1. Where this judgment becomes final and conclusive, the Defendant who has registered personal information under Articles 70(1) and 69(2) of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”) is a person subject to registration of personal information pursuant to Article 3 of the former Act and Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and is obliged to submit personal information to the head of the competent police office pursuant to Articles 5(1) and 43 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012).

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