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(영문) 의정부지방법원고양지원 2020.12.22 2020고합277

아동ㆍ청소년의성보호에관한법률위반(성착취물소지)

Text

A defendant shall be punished by imprisonment for one year.

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

No person shall possess a child or juvenile sexual exploitation in the form of a film, video, game software, or image, image, etc. using a computer or other communications medium, as an act of making contact with or exposing part of his/her body, such as sexual intercourse, mouth, or anus, or all or part of his/her body, which may clearly be perceived as a child or juvenile, or an act of making contact with or exposing part of his/her body, or implements, which may cause a sense of sexual shame or aversion of ordinary people, or an act of making any other sexual act.

Nevertheless, around 19:40 on January 30, 2020, the Defendant came to know of the Defendant’s residence located in Goyangdong-gu, Mangdong-gu, Mangdong-si through the Internet Cloud “E” bulletin board of “G” Internet adult website, and then came to know of the link that C (hereinafter “D”) will download children and juvenile sexual exploitations to the Internet Cloud, the Defendant came to read the link, came to read the Defendant’s E account, followed up to 15425402680.7.27.7.200, the Defendant received 393 files of child and juvenile sexual exploitations listed in the [Attachment] list, including “154254026.402680.7.7.

As a result, the defendant was aware that he was a child or juvenile sexual exploitation.

Summary of Evidence

1. Protocols of seizure and seizure of the defendant's legal statement;

1. A report on investigation (the Nos. 2 and 8 of evidence list), and a report on internal investigation (the No. 3 of evidence list);

1. Application of Acts and subordinate statutes, such as response data;

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the possession and possession of child or juvenile sex exploitations) of the Act on the Protection of Children and Juveniles against Criminal Crimes, the suspended execution of which is Article 62(1) of the Criminal Act (the circumstances favorable to the sentencing following

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