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(영문) 창원지방법원 거창지원 2021.02.10 2020고단263

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

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

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

Reasons

Punishment of the crime

On October 14, 2019, the Defendant: (a) connected Twit-gun B, Gyeongnam, a residence, to sell child and juvenile pornography; (b) identified “new -1”, “new -2”, and “new -3” among the obscene materials for children and juveniles advertised by C while communicating with “D (D)” with a telegram program room; and (c) delivered online cultural gift certificates 10,000 won (F); (d) connected to the G link sent by C with “522.t. 4” and stored them in the Defendant’s G (H) with the knowledge of the crime record until February 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement seizure protocol and list I replys, report investigation report (the method of acquiring profits from the sale of the suspect C or children's exploitations) as a result of analysis of digital evidence, investigation report (the attachment of materials to A of the warrant of seizure replys), investigation report (the attachment of materials to A of the warrant of seizure replys), investigation report (the attachment of the files of children's exploitation of sex and specific circumstances of

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, and the selection of punishment

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse to order to complete a program under Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in which a person subject to registration of personal information is sentenced to a fine for a crime under Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, he/she is excluded from a person subject to registration of personal information, and the defendant is not subject to registration of personal information and is not obliged to submit personal information to the head of the competent police office.

The defendant's age, risk of recidivism, exempted from the employment restriction order.