아동ㆍ청소년의성보호에관한법률위반(음란물소지)
A defendant shall be punished by imprisonment for four 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 pornography knowing that he/she is a child or juvenile pornography.
On February 3, 2020, the Defendant: (a) linked to Twitter in Mapo-gu Seoul Metropolitan Government, which is the Defendant’s domicile, sold child and juvenile pornography items written by C; and (b) had 23 children and juvenile pornography items, such as a file, sent 7,000 won to the name Gwangju Bank account (D) after having expressed his/her intent to purchase the child and juvenile pornography items indicated in the Twitter, and had them transmitted 23 children and juvenile pornography items, such as a file, which is obviously perceived as children and juveniles, from the appearance of women who appear to be children and juveniles.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (related to the analysis of cellphone evidence);
1. Details of payment for video purchase, and application of the statutes on a copy of suspect C records;
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) and the selection of a sentence on criminal facts
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 21(2) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the possession of child and juvenile pornography is highly likely to be subject to criticism in that it provides incentives for the production of obscene materials and the exploitation of sex by children and juveniles punished in the production process, and at the same time causes other sex offenses against children and juveniles, and requires strict punishment.
It is not good that the defendant has paid a price to a seller of child or juvenile pornography in the judgment of the defendant and purchased it.
However, it appears that the defendant shows an attitude against the confession of the crime of this case, and that he purchased obscene materials and did not spread them again.