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(영문) 대전지방법원 천안지원 2021.03.12 2020고단3189

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, around August 2, 2019, the Defendant sent a PIN number of 190,00 won online K-6 in return for purchase of the Glyer, “H,” “I,” and “J”, and received from D any L-ray with obscene materials posted by children and juveniles, and held a total of 1,542 children’s sexual exploitations up to September 2, 2019 with the Defendant’s Lyer list as shown in the attached Table, including the Defendant’s receipt of the files of “M exposed to children and juveniles,” in which the women clearly perceived as children and juveniles by accessing the above link, who received the files of “M exposed to their own sexual organ,” and who received a total of 1,542 children’s sexual exploitations from the Defendant to the Defendant’s Lyer account.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Application of the Defendant’s legal statement investigation report (the evidence of Defendant’s child exploitation in suspect D, telegram “F”), the closure of sales details, the list of users of telephones, separate suspect interrogation records (D), investigation reports (KIN number used for purchase of sexual exploitation images), investigation reports (the attachment of child exploitation CD in possession of the victim), and the Act and subordinate statutes governing the investigation report (the attachment of child exploitation CD in possession of the victim);

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and the selection of punishment for a criminal offense

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in regard to the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is a related