아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall possess any child or juvenile pornography.
On July 1, 2017, the Defendant: (a) around June 6, 2017, at the Defendant’s residence of Yeonsu-gu Incheon Metropolitan Government B apartment C; (b) obtained a total of 22 children’s obscene materials from June 6, 2017 to February 20, 2018, as indicated in the attached list of crimes, and possessed them by downloading a total of 22 children’s obscene materials, which are used exclusively for children and juveniles’ obscene materials using the Internet Web (so called “Dac Web”); (c) paid the purchase price to Bitcos by accessing the account; and (d) possessed a video of “F” with the appearance of persons who may be clearly perceived as children and juveniles, engaging in sexual intercourse.
Summary of Evidence
1. Statement by the defendant in court;
1. Audio-resistant report (a list of video downloads subject to the report);
1. Application of Acts and subordinate statutes on internal investigation reports (a screen for checking the quantity of video files displayed by A)
1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant legal provisions and the choice of punishment for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. For child and juvenile pornography for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the production itself is a sex offense against the child and juvenile, and it is necessary to strictly punish the production in order to prevent the production thereof.
Videos held by the accused include obscene materials appearing by young children.
Some images are limited to the degree of obscenity and the face of children is revealed.
However, there are not more than 22 obscene materials in possession, and the defendant is the case.