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(영문) 부산지방법원 동부지원 2021.01.20 2020고단2279
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any film, video product, game material, or image, etc. in the form of image, video, or video, etc. through computers or other communications media (hereinafter referred to as "videos of sexual exploitation"), knowing that a child, youth, or person or representations that may clearly be perceived as a child or youth has appeared and that he/she performs any other sexual act or commits any other sexual act.

1. On February 13, 2020, the Defendant: (a) around 22:02, on the part of the Defendant’s dwelling in Busan, Daegu, Busan, Daegu, the Defendant: (b) reported the sales advertisement of the twitter D’s twitter in Busan, the seller of sexual exploitationed water, and transferred the price of KRW 20,000 to the Defendant’s account (F); and (c) received and viewed the “G unftening factoring” file, which is a image of the Defendant’s sexual act by a female who is clearly perceived as a child or juvenile.

2. On February 21, 2020, at around 20:33, the Defendant: (a) reported the sales advertisement of h’s Twitter by a seller of sexual exploitation at the place specified in paragraph (1); (b) remitted the proceeds of KRW 15,000 to the Defendant’s E account; and (c) took place by a woman who is clearly perceived as a child or juvenile on the Defendant’s E account (F) so that he/she engages in self-defense or receives a call of sexual exploitation images with a content that exposes all or part of his/her body. Around February 21, 2020, the Defendant received a total of 71 files, including wV, as indicated in the list of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes to a photographic report (the confirmation and attachment of children's sex exploitations purchased from the victim) on the screen and the closure of each of the police interrogation records with regard to the defendant's legal statement D and H by the defendant's each of the police interrogation records;

1. Article 11(5) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) (amended by Act No. 1738 of Jun. 2, 2020) concerning the pertinent legal provisions and the selection of punishment for criminal facts

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. An order to attend a course under Article 62-2 of the Criminal Act;

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