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(영문) 서울서부지방법원 2021.02.10 2020고정1213

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

At around 13:04 on January 15, 2020, the Defendant: (a) connected the Defendant’s mobile phone to the twitter and posted by B using SNS using the Defendant’s mobile phone; and (b) transferred KRW 5,000 to a new bank account (D) in the name of C used by B; and (c) received a total of 10 files, such as pictures of sexual intercourse, etc., of the women who were saved in the Eloc link “F” column sent by B.

Accordingly, the Defendant possessed a child or juvenile pornography with knowledge that he/she is a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (the confirmation of images purchased by the suspect - the specification of the sex of the child or juvenile, and the document accompanying a copy of the examination protocol for suspect B by the video seller);

1. Application of Acts and subordinate statutes on account transactions under A;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter referred to as the “former Act”) on the Punishment of Specific Crimes and Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Possession of obscene materials by a child for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be subject to criticism in that it provides incentives for the production of obscene materials and sexual exploitation of children and juveniles punished in the production process, and at the same time causes other sex offenses against children and juveniles, and requires strict punishment.

However, the defendant shows his attitude against the confession of the crime of this case, the purchase of obscene materials and the distribution of obscene materials seems not to be made again, and there is no criminal record against the defendant.