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(영문) 창원지방법원 2013.11.19 2013고단2331
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

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

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

Reasons

Punishment of the crime

No person shall distribute, openly exhibit or show child or juvenile pornography.

Nevertheless, on April 2013, the Defendant joined the Internet website “Mac disc” as the “B,” and then filed an application for approximately 50 points accumulated in a total of KRW 40,000 per point 20,000 per 40,000 won from the said website’s operator company to distribute the child’s pornography account in the name of the Defendant’s obscenity by using a computer on the “Macam disc” site (No. 1553963) (a posted article number 1553).

Summary of Evidence

1. Defendant's legal statement;

1. Data capturing obscenity;

1. Application of Acts and subordinate statutes to investigation reports (referring to attachment of theA details of financial transactions);

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); the selection of fines on criminal facts;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 is obligated to submit personal information to a related agency pursuant to Article 4

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order.

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