아동ㆍ청소년의성보호에관한법률위반(음란물소지)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, at around 20:30 on April 3, 2020, sent KRW 30,00 to D (hereinafter “E”), a seller of obscene materials for children and juveniles, using mobile phones, and in return, sent KRW 30,00 to D (hereinafter “E”) who is a seller of obscene materials for children and juveniles, using mobile phones. In addition, the Defendant received a multiple link combining 124 children and juveniles’ obscene materials indicated in the attached list of crimes, and received the link and possessed the above video by around May 23, 2020, recognizing that the video was obscene materials for children and juveniles use.
As a result, the Defendant possessed obscene materials for children and juveniles.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the protocol concerning suspect examination of D; and
1. Details of account transactions and field photographs;
1. A criminal investigation report (a copy of confirmation of a suspect's obscene materials compressed file);
1. Application of statutes on records of seizure and lists of seizure;
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) (amended by Act No. 1738, Jun. 2, 2020);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be based on the following factors: (a) details and quantity of obscene materials held by the Defendant; and (b) the age and environment of the Defendant; and (c) circumstances after the crime, etc.: (a) the sentence against the Defendant shall be imposed as ordered.
Where this judgment becomes final and conclusive on the duty to register and submit personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act
Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse.