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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단557
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 14:37 November 12, 2019, the Defendant, at the Defendant’s house located in Thai City B building B, posted a notice to sell obscene materials for children and juveniles on the Twitter via a mobile phone, and came to have the Defendant’s intent to purchase the above children and juveniles’ obscene materials from D, and sent D with a program of 40,00 won of cultural gift certificates to D in return for the delivery of the message of D with D, and carried them with the Defendant’s cell phone of 143 children and juveniles’ obscene materials, such as “E” files, which provide the whole or part of the body or self-defense, and sexual intercourse, etc., as indicated in the attached list of crimes in the attached Table, and then connected thereto, the Defendant carried them with the aforementioned children and juveniles’ obscene materials and the Defendant’s cell phone, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report and accompanying documents of the police interrogation of the accused;

1. The application of investigation reports (Evidence data that a suspect A purchases children's sexual exploitation) and respective accompanying documents, investigation reports (Attachment of a obscenity to a child purchased by a suspect A), investigation reports (Attachment of a obscenity to a obscenity to a child purchased by a suspect A), investigation reports (Attachment of a report as a result of digital evidence analysis), and reports on results of digital evidence analysis, investigation reports (Attachment of a judgment of the court of the D1), and the application of statutes of the judgment;

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), the selection of punishment for imprisonment, and the selection of punishment for a crime

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020).

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