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(영문) 광주지방법원 2021.03.26 2021고단329

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 2, 2020, at around 17:56, the Defendant connected D (E)’s dwelling place using mobile phones in the Seo-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “E”)’s cell phone to the “E” room. In order to download children and juveniles’ obscene materials produced D, the Defendant connected to the link (G) of the F server posted on the cell page, and downloaded children and juveniles’ obscene materials stored in the compressed file format, such as video images and photographs taken by 363 children and juveniles, including the victim H (n, 13 years old), etc., as indicated in the list of crimes in the attached Table.

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

Summary of Evidence

1. Details concerning the suspect in the Gwangju Officexlsx of the Police Suspect Examination Protocol against the accused who has made a legal statement of the accused;

1. Confirmation of the title holder of each account of the following:

1. The screen of the closure of a video of a crime sight table (96-106 pages);

1. A CD;

1. Each internal investigation report (with regard to the preparation of a list of crimes related to the suspected person) (with regard to the preparation of a list of crimes), each investigation report (with regard to the holder of specific child sex exploitations (domestic mail account) / With regard to the distribution of links with child sex exploitations / with relation to the distribution of child sex F-Links / with the victim information by link with child sex exploitations / with the victim information by child sex circulations / with child sex exploitations / with child sex exploitations / with child sex E

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) (amended by Act No. 1738 of Jun. 2, 2020) on the basis of the relevant criminal facts and the selection of punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which shall be registered and non-existence of personal information under Article 334(1) of the Criminal Procedure Act, a person is sentenced to a fine for a crime under Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse.