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(영문) 서울서부지방법원 2020.12.23 2020고단3397

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 of the final judgment.

Reasons

Punishment of the crime

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

On December 29, 2019, at around 13:29, the Defendant: (a) connected to the Defendant’s residence in Mapo-gu B apartment Dong, Seoul, 2019, and advertised that he/she sells child or juvenile pornography, and (b) sent KRW 40,00 to C’s Agricultural Cooperative (D)’s e-mail used by the Defendant at around 13:32 on the same day, he/she expressed his/her intent to purchase the child or juvenile pornography in order to purchase the child or juvenile pornography, and then transferred it to C’s e-mail used by the Defendant, which is clearly perceived as child or juvenile, such as a file with 129 children or juvenile pornography, combined with 129 children or juvenile pornography, and “1-1.zpe” mixed with 97 children or juvenile pornography, and (c) received the aforementioned files from the Defendant’s cell phone, and held them as a mobile phone compressed.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the investigation report on the investigation of the accused into the police interrogation protocol (where the investigation is made and the relevant documents are attached), and a copy of the investigation documents in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (F) against the accused C;

1. Application of the Acts and subordinate statutes on evidential data classified by compressors;

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);

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. A judgment of conviction on a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive;