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(영문) 서울북부지방법원 2020.11.06 2020고단3079
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

around August 17, 2019, the Defendant sold images, such as “F” as the title “F” at the place of residence of the Defendant of Jung-gu Seoul Jung-gu B apartment C, and the title “E (F on November 19, 2019, Chuncheon District Court 2019Kadan860, 1 year imprisonment)”, “F” in Twitter.

In order to confirm the detailed contents of the film, the author reported the writing posted “G” with the Defendant’s cell phone to purchase the child or juvenile pornography materials, connected the telegram room in operation “E” using the Defendant’s cell phone, and sought from the above E to purchase the horses that the child or juvenile pornography materials are sold by dividing them into 30,000 won, 50,000 won, depending on the number or rare nature of the child or juvenile pornography materials, and tried to purchase 100,000 won, and then he stored them in the cell phone and the Defendant’s cell phone with the face number of KRW 10,000,000,000,000 in consideration of the price, as described in the attached list of crimes, and stored 2,590,000 of the child or juvenile pornography files, such as the child or juvenile sexual photo or video, in the form of compressed files, and stored them in the Defendant’s cell phone and North Korea from April 27, 2020.

Accordingly, the Defendant possessed child or juvenile pornography.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports (the date on which the second trial is made), investigation reports (the confirmation of the last criminal facts and evidential materials against the suspect E), investigation reports (the relative to the seller of child pornography E, the confirmation of the amount by sales video), internal investigation reports (the confirmation of possession of child or juvenile pornography) by the accused;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Children and juveniles who attend lectures and order to restrict employment under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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