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(영문) 대전지방법원 서산지원 2021.02.05 2020고단1314
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

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.

Reasons

Punishment of the crime

On January 26, 2020, the Defendant sent a message, etc. to D and E by accessing a twitter using a mobile phone at the Defendant’s dwelling located in the Seosan City B building C, Seosan City, and selling obscene materials appearing by children and juveniles, such as D, E’s rare images, and Lereh’s language, at the Defendant’s dwelling located in the Seosan City B building C.

The PIN code equivalent to KRW 80,000 shall be paid to cultural merchandise coupons, and 4,875 obscenity, such as the list of offenses, in which female children and juveniles are boomed, were sent through F-Linked links, and possessed them.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. A protocol concerning suspect examination of the police concerning D's legal statement of the defendant;

1. 수사보고 (G 회신자료 기준 1차 수사대상자 총 74명 선별), 문화 상품권 핀번호 구매 내역, 구매 핀번호 환전 내역, 수사보고 (F 아동 음란물 구매 범죄 일람표 기재 아동 음란물 USB 저장 송치 및 동영상 스냅 샷 별지 기록 출력), 디스크, 이 사건 동영상 캡 처 사진 등 법령의 적용

1. Article 11(5) of the former Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same applies) and the choice of imprisonment with prison labor as to the crime

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The possession of obscene materials for the reason of sentencing in the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is likely to seriously distort the sexual awareness of the users of the given obscene materials, as well as inducing the sexual exploitation of the children punished in the course of producing and producing obscene materials, and at the same time inducing other sex offenses against the children.

Defendant’s obscene materials for child use.

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