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(영문) 서울남부지방법원 2014.08.25 2014고정1646
청소년보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Although the Defendant provided media products harmful to juveniles on the website from May 15, 2013 to August 6, 2013, the Defendant provided media products harmful to juveniles on the Internet file sharing site (D and E) of Geumcheon-gu Seoul Building 1803, and a person who intends to sell, lend, distribute, or offer media products harmful to juveniles to view, view, and use the media products, the Defendant did not verify the other party’s age and identity while offering media products harmful to juveniles on the website from May 15 to August 6, 2013.

Summary of Evidence

1. A police interrogation protocol of the accused (a statement stating that the accused is an adult only once the first time at the time of joining the website, and that he/she does not undergo identification procedures each time he/she separately, and that he/she does not conduct identification even if access to a media product harmful

1. Materials for accusation against business operators violating the Juvenile Protection Act, such as notices;

1. Application of Acts and subordinate statutes to each investigation report (investigative records, 86 pages, 93 pages);

1. Article 58 of the relevant Act and Articles 58 subparagraph 1 and 16 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of penalty;

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

1. The defendant and his/her defense counsel's assertion on the assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that since the defendant provided media products harmful to juveniles only when the other party's age and identity are verified when he/she was admitted to membership for the first time, he/she did not violate the law as it did not violate the other party's duty to verify the age and identity of the other party under Article 16 (1) of the Juvenile Protection Act, and there is no need to go through separate procedures to confirm the other party's age

A person who intends to provide media materials harmful to juveniles shall do so pursuant to Article 17 of the Enforcement Decree of the Juvenile Protection Act.

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