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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

Nevertheless, from March 27, 2020 to April 6, 2020, the Defendant: (a) reported a letter to the effect that people using conversations, such as “F”, “G”, etc. in the Defendant’s residence and workplace located in Scheon City B (D, the Defendant’s dialogue name: E) sold H materials; (b) transferred money to the account designated by the said people; and (c) delivered the download link address via I and telegrams, etc., and sent it to the Defendant’s mobile phone, etc., as shown in the attached list of crimes, the Defendant downloaded 412 obscene files for children’s obscene materials to the Defendant’s cell phone, etc.

Accordingly, the defendant was aware that he was a child’s obscene material.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. K bank account reply, suspect K bank account details, CDs copying electronic data seized by A, evidence of a crime related to possession of child pornography, and reproduction CDs of child pornography files held by A;

1. Application of each existing statute of the Republic of Korea listed in subparagraphs 5, 6, and 7, of seized evidence;

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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service or attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The possession of obscene materials for the reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act is about the production of obscene materials and sexual exploitation of children and juveniles punished in the production process.