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(영문) 수원지방법원 2021.01.27 2020고단8387

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

Nevertheless, at around 21:57 on March 17, 2020, the Defendant used a mobile phone from B apartment No. 21:57, the Defendant connected the web page where the sexual exploitation video of the victims of the so-called “E” was stored through the link discovered at the Internet obscene material site, and then received 17 obscene video files for children and juveniles, such as the file of “F”, which is a video, the body of children and juveniles was taken.

Summary of Evidence

1. Statement by the defendant in court;

1. 피의 자가 다운로드한 성 착취 영상 썸 네 일 화면 캡 처 피의 자가 다운로드한 성 착취 영상 스냅 샷

1. Application of Acts and subordinate statutes to report internal investigation (specific matters on the identity of the holders of children's sex exploitation and investigation of materials);

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), the selection of fines for criminal facts, and the selection of punishment

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (the possession of obscene materials by children or juveniles) of the suspended sentence (the act of carrying obscene materials by children or juveniles is serious that may cause harm to society as a whole, such as providing incentives to commit a crime of producing sexual exploitation to children or juveniles, and distort the sexual consciousness of people viewing such obscene materials, and thus, it is necessary to strictly punish them.

However, considering favorable circumstances, such as the fact that the defendant did not repeat the crime as a juvenile at the age of 18 and is likely to become an adult with a correct sense of values, recognition of the crime of this case and the fact that the defendant does not repeat the crime of this case, and the fact that the defendant is an initial offender, the character and conduct, environment, family relationship, motive and circumstance of the crime of this case, and the crime.