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(영문) 대전지방법원 천안지원 2016.06.10 2015고단2020
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2015, the Defendant posted a cartoon at the Defendant’s house located in Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on a 305th day of Jun. 2015, 2015, stating that male and female juveniles who suffered school uniforms under the title “D translation” on the Internet website C, and sexual intercourses with the appearance of male and female juveniles, thereby allowing them to download the cartoons, thereby distributing and providing obscene materials for children and juvenile use.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the details of closure of the screen;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information in consideration of the fact that the defendant was the first offender and the wrong and reflects the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Whether to issue an order to disclose or notify registered information or a crime of violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) constitutes a sex offense against a child, but does not constitute a sex offense against a child. Thus, the Defendant is not subject to an order to disclose or notify registered information under each subparagraph of Article 49(1) and each subparagraph of Article 50(1) of the Act on the Protection of Children’s Juveniles against Sexual Abuse, and thus, is not subject to such order.

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