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(영문) 수원지방법원 성남지원 2013.04.22 2013고단592
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the BPC bank.

The defendant from August 3, 2012 to the same year

9. From the date of March 16:30, a computer was installed in Seongdong-gu, Sungnam-gu, Sungnam-gu, in order to view 12 indoor rooms and videos, and then received user fees of KRW 5,000 per hour from customers finding the place, and let customers look at “rota” on the front page of the said indoor computer, thereby allowing children and juveniles to view dynamics, such as exposing the sound, sexual intercourse, or self-defense.

Accordingly, the Defendant openly screened child and juvenile pornography for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of each Act and subordinate statute to internal investigation reports and photographs;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Article 62 (1) of the Criminal Act (including the first offender and the fact that his depth is divided, etc.);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a person is found guilty of a sex offense against a child or juvenile against a registered defendant of personal information referred to in Article 48 (1) 1 of the Confiscation Criminal Act, and such judgment becomes final and conclusive, the defendant shall be a person subject to the registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and shall submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to

However, in light of the content of the crime subject to registration, the history of punishment, character and conduct, and possibility of prevention by other measures, etc., it is determined that the disclosure of personal information is prohibited pursuant to the proviso of Article 38(1) and the proviso of Article 38-2(1) of the same Act, and thus, the order to disclose and notify the personal information is not issued.

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