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(영문) 서울북부지방법원 2013.06.24 2013고정1544
아동ㆍ청소년의성보호에관한법률위반
Text

Defendant shall be punished by a fine of three 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, openly exhibit or show child or juvenile pornography.

The Defendant: (a) operated an adult telephone room with a computer and monitor installed in eight rooms with the trade name of “C,” among 10 rooms with a scale of 92 square meters (around 28 square meters) in Jung-gu, Seoul; (b) on March 26, 2013, the Defendant: (c) granted the operator of the website “D” on the name-free statement around 22:40,000 won per month; and (d) granted the right for female students who suffered school uniforms to have access to obscene materials, etc. with a sex-related content as soon as possible and sexual intercourse with adults; and (c) granted 5,000 won per hour from the unclaimed customers found in the above “C” and allowed them to view children and juvenile pornography videos in the room of the said business.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to obscene videos and videos;

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

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where a person who has committed a sex offense against a child or juvenile subject to an order to complete a program under Article 334(1) of the Criminal Procedure Act is sentenced to a fine or heavier punishment, an order to complete a sexual assault treatment program shall be issued concurrently (Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse). However, in the instant summary order, the Defendant may not order the person to complete a program in accordance with the principle prohibiting disadvantageous changes as stipulated under Article 457-2 of the Criminal Procedure Act in the instant case

Where a conviction against a defendant is finalized on the facts constituting a sex offense against a child or juvenile subject to the obligation to submit personal information, the defendant shall be punished for a sexual crime.

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