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(영문) 대전지방법원 2017.04.27 2017고단575
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that he/she is a child or youth.

Nevertheless, on November 12, 2015, the Defendant: (a) at a point located in Seo-gu, Daejeon, Daejeon, on November 2, 2015; (b) at a point in Seo-gu, Daejeon; (c) had the Defendant’s intent to purchase video (i.e., one shock l., one shock l.e., one shock l.e., one image); (d) deposited KRW 10,00 in the SC Bank Account (E) in the above D name; and (d) had the Defendant’s cell phone cell phone connected to Ndrab, with the Defendant’s cell phone in order to obtain the Defendant’s 27 video l.e., one image l., one of the children and juveniles’s sexual intercourse and one of them’s sexual intercourse, by receiving the Defendant’s NAB account Ndrid l. n.e., the Defendant’s nive and sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report (the submission of the letter of transfer of the case and the details of account transactions, the execution of a warrant of seizure for financial account, specified video works purchased by the person under investigation);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Taking into account the number of obscene materials, confessions and reflects with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the initial offender who has no record of criminal punishment, etc.

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