beta
(영문) 서울북부지방법원 2020.12.04 2020고정1266

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 26, 2020, the Defendant: (a) around the residence of the Defendant of Seongbuk-gu Seoul (Seoul District Court, July 8, 2020), expressed that D (the case of forwarding to the Juvenile Department at the Gwangju District Court, July 8, 2020) sold child and juvenile pornography, such as primary crowdfunding photographs, U.S. primary crowdfunding photographs, etc., to E; (b) deposited KRW 6,000 as the national bank account in the above D’s name; and (c) deposited approximately 17 children and juvenile pornographys into the open hosting bank, and stored until February 28, 2020.

Accordingly, the Defendant possessed child or juvenile pornography.

Summary of Evidence

1. Application of Acts and subordinate statutes to criminal investigation reports (related to seven specific persons, such as the F of the criminal suspect), investigation reports (related to cell phones and resident registration addresses for seven persons, such as F of the criminal suspect), investigation reports (related to places where children's sexual exploitation is downloaded), investigation reports (related to places where children's sexual exploitation is downloaded), and criminal investigation reports (

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), the selection of fines for criminal facts

1. Possession of child or juvenile pornography for the reason of sentencing under Article 334(1) of the Criminal Procedure Act on the Protection of Children and Juveniles against Sexual Abuse ordered to complete a program under Articles 70(1) and 69(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is likely to seriously distort the sexual awareness of the users of given obscene materials, and furthermore, it is highly likely that the act of producing obscene materials and providing incentives for sexual exploitation of children and juveniles punished in the course of production and production, and at the same time inducing other sexual crimes against children and juveniles.

However, the fact that the defendant is recognized as committing the crime and is against the mistake, the first offender who has no record of criminal punishment is considered as favorable circumstances, and the defendant's age, character and behavior, environment, circumstances of the crime, and the details of the crime.