아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.
Nevertheless, the Defendant transferred 0.7 bitcos to “D”, which is a bitco, of an operator of B’s B site “C” that only provides child and juvenile pornography, and raised a mind to receive child and juvenile pornography provided on the said website.
On May 20, 2017, the Defendant: (a) connected to the “C” of the aforementioned child or juvenile pornography site using a usual computer at his/her place of residence in Andong-si, Andong-si; (b) paid the points that he/she was charged with by settling the account in advance as a bitcoin; (c) received the file name “G” child or juvenile pornography as a download; and (d) received the child or juvenile pornography as downloaded at least 87 times in total from October 20, 2017, as indicated in the list of crimes in the attached Table.
Accordingly, the Defendant possessed child or juvenile pornography received from “C”.
Summary of Evidence
1. Defendant's legal statement;
1. Information on site users, details of remittance, details of suspect download files, and details of the use of suspect virtual currency exchange;
1. Application of Acts and subordinate statutes to investigation reports (the analysis report on the site of child or juvenile pornography) and internal investigation reports (the closure of suspect multi-rode video images).
1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Fines concerning the relevant criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant paid the price by accessing the site exclusive for children and juveniles’ pornography and was possessed by downloading the video appearing by children and juveniles, and the crime is not less complicated in light of the period of the crime and the number of obscenity received.
However, the defendant commits a crime.