A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The Defendant: (a) from January 2014 to April 25, 2016, the juvenile, who had been living through Internet hosting, was sent from D the video images, which had been sent from D by themselves, and was stored in the Defendant’s cell phone (No. 1) from April 2014 to April 25, 2016.

As a result, the Defendant possessed child and juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Each police investigation report (verification of possession of child or juvenile pornography as a result of the search of a cell phone from seizure);

1. Statement of police seizure;

1. Answers on results of digital evidence analysis;

1. Application of the CD-related Acts and subordinate statutes, including Defendant’s motion pictures;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and provides for the choice of punishment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. A person who is finally and conclusively convicted of committing a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse, 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 defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where the conviction is finalized due to the above crime.

Reasons for sentencing

1. One month to one year of imprisonment with prison labor within the applicable range;

2. The sentencing criteria are not set with respect to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials) within the scope of the recommended sentencing criteria according to the sentencing criteria;

3. The crime of this case, which is determined by the sentence, is possessed by the defendant under transmission of obscene materials from female juveniles who have past rights and duties, and such child and juvenile pornography constitutes the sound sexual values of the juveniles.