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(영문) 대전지방법원 천안지원 2021.03.12 2020고단3190
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, at around 04:54 on August 5, 2019, the Defendant visited the telegram link via the Internet at a closed place, and received a link (E) where obscene materials for children and youth use were posted, and the Defendant received a “F” file in which women clearly perceived as children and juveniles are exposed to their sexual organ by accessing the link, and possessed a total of 193 children and youth pornography for several days by downloading them to the Defendant’s D’s account, as described in the attached list of crimes.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the Defendant’s legal statement C production and the list of files of prote child exploitation (D links), list of files by account, list of compressed files, list of compressed files on the account, verification of the name of the D subscription, part of the file’s photograph, and report on internal affairs (G digital files attachment) (G digital files attachment);

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and the selection of punishment for a criminal offense

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

1. Where a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obliged to submit basic personal information to the head

In accordance with the proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 59-3 (1) of the Welfare of Persons with Disabilities Act, the risk of re-offending is significantly low or is very low.

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