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

On December 22, 2019, the Defendant: (a) reported to D an advertisement stating that D sells 'rilic' and 's rare image' at the Defendant’s house located in Songpa-gu Seoul, Songpa-gu, B, and C, and (b) transferred KRW 30,000 to D’s account; (c) transferred KRW 30,000 to F’s account in the name of D; and (d) the Defendant appeared as a woman who can clearly be perceived as a child or youth, such as the Defendant’s Fmerc book, and stored two compressed files containing 253 video files expressing sex intercourse, similarity, and self-defense, etc., until June 10, 2020.

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

Summary of Evidence

1. Investigation report (including the process of commencement of internal investigation and the copies of the relevant records), internal investigation report (the identity of a person in possession of an infant and the expected division of cases), investigation report (the preparation and attachment of a list of crimes), response (the details of crimes, the preparation of and attachment to a list of crimes), details of sending e-mail, account personal information, and list of crimes (A);

1. Application of Acts and subordinate statutes to each protocol of examination of suspect, CD data, and capture data;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020) committed prior to the enforcement of the said Act pursuant to Articles 1 and 3 of the Addenda of the said Act (amended by May 19, 2020).