아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Defendant shall be punished by a fine of five 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 youth with the knowledge that he/she is a obscene material for use by such child or youth.
Nevertheless, around September 16, 2017, at the Defendant’s residence located in Seocheon-si B, 533 Dong 504, the Defendant paid expenses by accessing the Defendant’s computer to “C”, which is an exclusive site for the use of children and juveniles, and received obscene materials using children, and received a total of 31 children and juveniles pornography as shown in the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. The official text requesting cooperation in the investigation of the US HSI and the details of the non-tcoin transactions deposited in the operation wall of the child or juvenile pornography site;
1. Application of Acts and subordinate statutes to investigation reports (the need to investigate users separately by police office), investigation reports (the analysis report on the site of obscene materials used by juveniles);
1. Article 11 (5) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The production of obscene materials for the reason of sentencing under Article 334(1) of the Criminal Procedure Act should not only be a sex offense against children, but also be connected with additional sex offenses, etc., and thus, social harm and injury should be very large. Therefore, even if having done so for personal possession of obscene materials, it is necessary to strictly punish them.
The instant obscenity is a very serious obscenity for children to appear. In particular, the degree of obscenity is particularly serious.
The fact that the defendant shows an attitude to recognize and reflect the wrong, and the frequency that the defendant was downloaded, and all criminal records prior to the instant case.