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(영문) 전주지방법원 2020.12.17 2020고단1167

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

The punishment of defendants shall be six months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any child or juvenile pornography.

1. On June 30, 2019, the Defendant, using the P2P program, kept 34 video images (live file names: D) in which female students download clothes at a dormitory, and possessed child and juvenile pornography.

2. On October 23, 2019, the Defendant, at the same place, kept a video (electronic file name: E) in which a female satisfy takes clothes and satisfys abridges while female satisfys in the same manner, and possessed a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Report on arrival of internal investigation and report on seizure of police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a report on suspect PC sirens);

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter the same shall apply) on criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. If a judgment of conviction on a crime committed by a person subject to the registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, 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, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment,

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and it can be achieved due to the age, occupation, risk of recidivism.