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(영문) 대전지방법원 2013.10.16 2013고단2631
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 2013, the Defendant, within the office of “C” located in Daejeon-gu, Daejeon where the Defendant works, connected the file (htp:/www.W.F.com) that is an Internet file sharing site to the Defendant’s account (htp) and distributed child and juvenile pornography by allowing a student, who takes the title “E” and “F, to go off and engage in sexual intercourse with the said file’s 19 personal data room at the said file site, the Defendant distributed child and juvenile pornography by making it available to an unspecified number of file files members to download the said file and view it through the computer screen.

Summary of Evidence

1. Defendant's legal statement;

1. A file and data list;

1. A cartoon to take a course;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. Selection of an alternative fine for punishment;

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive for a crime committed in the judgment that is a sex offense against a child or juvenile subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 33 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) and is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012); Article 43

The age, criminal record and relationship, motive and circumstances of the crime, order to disclose the registered information, or order to disclose it.

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