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(영문) 서울서부지방법원 2020.12.16 2020고단3135

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 27, 2020, the Defendant posted a title “E” on Twitter, a social network service in the Eunpyeong-gu Seoul building B, a residence of Eunpyeong-gu, as “E”, the Defendant: (a) sent a title “E” to the Twitter; (b) sent the child or juvenile pornography with the content of “1.0; (c) 1.0; (d) 2.0; and (e) the total number of F1-8 images; (b) the Defendant sold the child or juvenile pornography at a discount of 3.0 2.0 events; (d) the purchase of such pornography; and (e) proposed that C and D purchase the above obscene material by contact the said C and D using a cell phone using the cell phone; and (e) sent the PIN number of 50,000 won for the aforementioned obscene material; and (e) obtained the child or juvenile’s cell phone links with the Defendant’s cell phone connected to, or recorded in, the Defendant’s cell phone with the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation of the suspect of the accused on the police interrogation protocol (data on sale of children's sexual exploitations at the rating room classified within the telegram), and details of posting on the accused;

1. Investigation report (Attachment of a writ of search, seizure, verification and reply to the number of Finine of cultural products exchanged C and D) ;

1. The investigation report (the total number of 74 persons subject to the primary investigation on the basis of H reply data) and the details of selection;

1. Investigation report (data sold at the highest level 1,2,3 inside a telegram, in cases of a video recording for children’s exploitation), a file closure photograph and photograph;

1. Investigation report (Sales method, etc. of child sexual exploitation video products confirmed by sellers C and a suspect interrogation protocol, etc. of a child) ;

1. Confirmation of whether any virtual video data, such as investigation report (F), I, etc., exists;

1. A report of investigation (specific details of the list of crimes);

1. Details of the purchase of Fin numbers of cultural products;

1. Twitter closure photographs;

1. Application of the Acts and subordinate statutes concerning a file closure photograph;

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, which is provided for in the relevant Act on Criminal Facts;