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(영문) 인천지방법원 2013.11.26 2013고단6162
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On May 31, 2013, the Defendant: (a) used the Internet file-sharing program at a Domoto tower room operated by the Defendant in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) used a child or juvenile pornography that contains a sex act in a state of body by downloading a child or juvenile pornography on his/her computer; and (c) distributed it so that many and unspecified people can receive it by storing the aforementioned obscene material in a sharing platform.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the internal investigation report (verification of the identity of an IP policyholder), copies of the results of request for investigation cooperation, and copies of notification of communications data inquiry;

1. Article 8(4) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201);

1. Selection of each of the selective fines for punishment (i.e., reflective points, initial points, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);

1. Where a conviction of the instant crime, which is a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 33 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), and Article 5(1) of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11572, Dec. 18, 2012), and Article 43 of the Act on Special Cases Concerning

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