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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who has joined the file sharing site as "W.fil joint and several (www.fil.com)"C.
No person shall distribute, openly exhibit or exhibit any obscene material for use by children or juveniles.
그럼에도 불구하고 피고인은 2013. 3월경 경기 양주시 D 아파트 105동 1101호 자신의 주거지에서 ’파파러브!!미션 딸내미 '라는 제목으로 학교 선생인 아버지와 학생인 딸이 출연하여 부녀 사이에 성행위를 하는 내용을 담고 있는 음란 애니메이션 동영상을 2013. 4. 1일경까지 파일조 사이트 게시판에 업로드 하여 불특정 다수에게 배포 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Data to capture the business of the file creation site on the screen;
1. Application of Acts and subordinate statutes to data to capture a screen of a video file;
1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines concerning the relevant criminal facts;
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
4. Where a judgment on exemption from a duty to submit personal information or a disclosure notification order under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article
However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that only the registration of personal information appears to have an effect to prevent recidivism by the defendant. Thus, it does not issue an order for disclosure or notification of registered information.