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(영문) 수원지방법원성남지원 2020.11.27 2020고단2867

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2020. 3. 1.경 B이 트위터(C)에 올린 ‘초딩사진 미국초딩 자영 일반초딩 6분 영상 있어요 7천 ㅍㅍ 디엠 주세요. #초딩 #중딩 #고딩 #섹스 #자위 #보지 #자지 #섹트 #조건 #영상’,'25개 5천원 10명한테만 팔게요.

DM as soon as possible.

Then, at around 18:49 on the same day, the Defendant’s office located in Gangnam-gu, in Seoul, sent 6,00 won to the Gwangju Bank Account (D) in B’s name, and held child and juvenile pornography as shown in the list of crimes in the attached Table, such as deposit of 6,00 won, and deposit of 6,000 won from the Gwangju Bank Account (D) in B’s name, and the 40 pages, etc., where female children were self-defacated or adult male sexual organ was put into a sexual organ from B through open hosting, are sent to the Defendant’s cell phone.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. He/she shall apply the protocol of seizure of each police suspect interrogation protocol as to B (any submission), report on the results of digital evidence analysis of seizure list, and the investigation report (related to the sales details of children's sexual exploitations) by statutes;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) and the selection of imprisonment with prison labor for the crime

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019), Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the main sentence of Article 48(1)1 of the Criminal Act, which is a sex offense subject to registration, becomes final and conclusive, the defendant shall be convicted of a sex offense subject to registration.