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(영문) 부산지방법원 서부지원 2021.03.24 2020고단2427

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2020, the Defendant, along with the statement to the effect that he requests obscene materials, such as F, on the bulletin board of “E,” which is the obscenity sharing site operated by P, the Defendant: (a) was the Defendant’s tele-gram gram gram Messenger; (b) received the G bank account number from D where the communications was made with the tele-gram Messenger; and (c) deposited KRW 50,000 to the above account; and (d) received the link address and received 1,125 files, such as the list of crimes, in the Defendant’s computer, were compresseded.

After that, the Defendant cancelled all eight compressed files at the above date, at the above time, and at the above place, and recognized that the files received by viewing and downloading the images were obscene materials for children and juveniles, the Defendant sent the said files to the Defendant’s computer from around that time to around March 2020.

As a result, the defendant had knowledge that he/she is a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to D of each police investigation report [Attachment of the statement records and case forwarding records, etc. made by the victim H (a name) with respect to D], internal investigation report (Attachment to some of the F-related dialogues identified by the manager’s account), investigation report (a report on the execution of search and seizure warrant 2020-7492), investigation report (a report on the result of execution of search and seizure verification warrant -I), investigation report (a report on the reorganization-public inspection of the victim who is a child or juvenile identified by F-related exploitation of sex), list of crimes (right 2);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment to register and submit personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be punished for sexual crimes.