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(영문) 서울북부지방법원 2020.12.18. 선고 2020고단4420 판결

아동·청소년의성보호에관한법률위반(음란물소지)

Cases

2020 Highest 4420 Children and Juveniles against Sexual Abuse Act (Possession of obscenity)

Defendant

A

Prosecutor

Maximum ice (prosecution), last resort (public trial)

Imposition of Judgment

December 18, 2020

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 one year from the date this judgment becomes final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities for three years.

Reasons

Criminal facts

On March 8, 2020, the Defendant, at around 16:36, 2020, kept 34 video images (electronic name: d.zpe) containing the appearance of female and female children to wear clothes at a dormitory using a trent program, a file sharing program, using computers installed therein, and carried a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation reports (a copy of the statement confirming the appearance of a victim and statement of statement) and internal investigation reports (D illegal photographing circumstances);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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), selection of imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) of the Act on Welfare of Persons with Disabilities

Reasons for sentencing

The possession of child or juvenile pornography is highly likely to seriously distort the sexual awareness of the users of such pornography, further to provide incentives for the sexual exploitation of children and juveniles punished in the course of producing and producing obscene materials, and at the same time inducing other sex offenses against children and juveniles.

Provided, That the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognizes a crime and reflects the mistake; (b) the first offender who has no record of criminal punishment; and (c) the defendant’s age, character and conduct; (d) the environment; (e) the circumstances after the crime; and (e) the conditions for sentencing specified in the arguments and records.

Registration and submission of personal information

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority

Judges

Judges Hong-ju