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(영문) 대구지방법원 2021.01.28 2020고단5969

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

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A defendant shall be punished by imprisonment for six months.

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 film, video product, game material, or image, etc. using a computer or other communications medium, knowing that such act has become a form of image, video, game material, or image, etc., by appearing of children, juveniles, or persons or representations that can be clearly perceived as children or juveniles.

A. On January 1, 2019, at around 22:25, the Defendant posted “child pornography” to C’s Twitter through the PC used by the Defendant, at the Defendant’s residence located in Gyeongdo-si, Gyeongdo-si.

“In this paper, “The twitter contacts C through Twitter, sent a PIN number equivalent to KRW 9,000 as a price for the purchase of child pornography to C. A total of 29 video files, such as the 29 video files, such as the 29 video files, which are a child’s obscene material for the use of children, through display of a child’s sexual organ, and were stored in the PC after purchase using the function for the transmission of file files on the Internet site D.

B. On January 2, 2019, around 15:08, the Defendant contacted C in the same manner at the places indicated in the foregoing paragraph 1, and sent a cultural merchandise PIN number of KRW 20,000 as the purchase price for child pornography to C. Around January 2, 2019, the Defendant filed a lawsuit by means of storing a total of 33 video files, such as 33 video files, such as a list of crimes (2) in attached Form 1, which reveals a child’s sexual organ, and is a child’s pornography, or inserting a self-defense organ into a child’s sexual organ, using the Internet website’s file transmission function.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol, internal investigation report with respect to C (Attachment to a child sex exploitation report and analysis report deemed to have been purchased by the suspect A), and the application of the above report-related Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;