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(영문) 인천지방법원 2020.12.23 2020고단7805

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around August 15, 2019, the Defendant: (a) in the Defendant’s residence located in Sinsi-si B; (b) as the title “F,” posted in Twitter (E), the Defendant: (c) sold the images of such videos as trading, Methos, Medy, Medying, Medying, Medying, Medying, Medying, and Medying; and (d) “In order to verify the contents of a detailed film, the Defendant may access to the address of the telegram G channel and purchase them; (c) confirmed the samples and photographs of child and juvenile pornography by accessing the said telegram channel, and then, (d) expressed his/her intent to purchase them to view and possess the child and juvenile pornography; and (d) compresseded them in the cell phone format with KRW 30,000 online PIN number on August 11, 2019; and (d) compresseded them with the Defendant’s cell phone linked and compresseded them in the digital phone format of 286.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of one Act and subordinate statutes to a domestic investigation report (the result of confirmation of a video product sold by a party to a sales of child pornography C) to a video recording sold by a suspect C, and to an USB stored in a file file for a crime day list by capturing H I reply data sold by the suspect C;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) and the selection of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, shall be excluded from the instant crimes.