No person shall distribute, openly exhibit or show, or possess, any child or juvenile pornography with the knowledge that it is a child or juvenile pornography.

Nevertheless, on August 22, 2013, when the Defendant was unable to discern things or make decisions due to editing mental division disease, etc., he/she was using Internet data sharing program to download children and children’s pornography, and store them on his/her own computer with child and juvenile pornography, and distributed them so that many and unspecified people can get downloadd using the same program.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of reply Acts and subordinate statutes to requests for cooperation in investigations, such as the screen screen of eMule Round, screen images of screen pictures and screen pictures;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of child or juvenile pornography and the selection of fines), and Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child or juvenile pornography and the selection of fines);

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. From among concurrent crimes, the number of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the aggregate amount of the penalty specified in the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), among concurrent crimes;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. Article 59(1) of the Criminal Act of suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007);

1. Article 59 of the Criminal Act of the Suspension of Sentence