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(영문) 서울남부지방법원 2021.03.03 2020고단6131

아동ㆍ청소년의성보호에관한법률위반(성착취물소지)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any child or juvenile exploitation knowing that he/she is a child or juvenile exploitation.

Nevertheless, at around 23:03:45 on July 22, 2019, the Defendant participated in a bit gram room of the Defendant’s cell phone in the B’s non-permanent area (hereinafter “B”), and kept in the Defendant’s account a video file, etc. of the contents of the Defendant’s child and juvenile sexual exploitation, i.e., a child and juvenile victim G (n.e., female, 15 years of age) (n.e., 15 years of age) who is a child and juvenile, through E-Link F where the child and juvenile sexual exploitation is kept, and from around the above day to August 27, 2020, the Defendant kept a total of 210 children and juvenile sexual exploitations (57 photographs and 153 video clips) as shown in the list of crimes in attached Table 210.

As a result, the defendant was aware that he was a child or juvenile exploitation.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (specific persons holding children's exploitations, domestic mail account), investigation report (Attachment of data on suspect's personal information), and E-admission list, investigation report (Verification of E subscriber's IP);

1. Application of Acts and subordinate statutes governing the list of taxable files for compression;

1. Article 11 (5) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's Crimes;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) and is obliged to submit personal information to the head of a relevant agency pursuant to Article 43 of the Act on the Protection of Juveniles against Sexual Abuse.

[The Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020) Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, Nov. 20, 202) to expand the subject of disclosure order and notification order to “sexual assault against children.”