아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall possess any child or juvenile sex exploitation knowing that he/she is a child or juvenile sex exploitation.
Nevertheless, at around 19:00 on September 2, 2020, the Defendant used a file sharing program “D” installed in the Scke in Suwon-si, Suwon-si, Suwon-si B apartment C, and received a total of 34 children’s sexual exploitations in the DNA file name “E” and kept them until September 4, 2020, by using “D” as indicated in the list of crimes in the attached list of crimes.
As a result, the defendant possessed child or juvenile sexual exploitation.
Summary of Evidence
1. Defendant's legal statement;
1. Investigative report (the specific circumstances A), investigation report (the period in which children or juveniles are held) (the specific time period in which children or juveniles are held); the application of the report on collection and analysis and the application of the statutes on the file;
1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020) cannot be applied to the instant crime committed before the enforcement of the aforementioned Act pursuant to Articles 1 and 3 of the Addenda to the same Act (amended by Act No. 17282, May 19, 2020).
The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes a sex offense against a child or juvenile under Article 2 subparagraph 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, but it does not constitute a "sexual offense against a child or juvenile" under subparagraph 3 of the same Article, and thus, the former child or juvenile's act is deemed as