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(영문) 수원지방법원 2020.10.15 2020고단5055

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

around March 2, 2020, the Defendant sold “25,000 won to Twitter (E) for the purpose of selling obscene materials for children and juveniles at the dormitory of C Co., Ltd. located in Suwon-si, Suwon-si, where the Defendant was working for the Defendant on March 2, 2020.

DM as soon as possible.

The phrase “” posted the above D’s obscenity intended to contact the above D to purchase child and juvenile pornography, deposited 10,000 won in the bank account (G) with D, and then received child and juvenile pornography through open hosting of the Kakakakao Ax, and possessed 34 of child and juvenile pornography, such as the list of crimes in the attached list, on the Defendant’s cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. The list of seized articles;

1. A report on investigation (related to the analysis of cell phones of a suspect), a report on investigation (related to the preparation of a list of crimes), and a report on investigation (report on revisions to the list of crimes);

1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;

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) and the selection of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

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

1. Comprehensively taking account of the Defendant’s age exemption from an employment restriction order under Article 48(1)1 of the Criminal Act, type of crime, process of crime, criminal records, social benefits expected by an employment restriction order, the prevention effect of sexual crimes, and the disadvantages and anticipated side effects of the Defendant’s children and juveniles-related institutions, etc. and welfare facilities for disabled persons, the court may not issue an employment restriction order to the Defendant pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

(2) the registration of personal information;