A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On December 9, 2019, the Defendant: (a) at the Defendant’s home located in Seongbuk-gu, Changwon-si; (b) accessed the Internet website, and contacted the telegram operated by D with the PIN number of the right of cultural products of KRW 20,00 won to D; and (c) had the Defendant transmitted a total of 413 copies of child and juvenile pornography files, such as the sexual photo, video, etc. of the child and juvenile pornography, as indicated in attached Table 1 of the Crime Day List, to D through cloud links; and (d) possessed them by transmitting a total of 413 (a approximately 2,104MB), including the sexual photo, video, etc. of the child and juvenile pornography, as indicated in attached Table 1 of the Crime Day, via D’s cloud links.

2. On December 14, 2019, the Defendant, at the home of the Defendant as indicated in paragraph (1) around December 14, 2019, connected to the telegram “F” room, and the Defendant, at the same time, possessed a total of 3,67 (32GB) files of child and juvenile pornography, including the victim G (one, the 15-year age), as indicated in the attached Table 2 of the List of Offenses Act, which he/she opened in his/her place of business.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. The records of seizure, the list of seizure, the H reply data, the contents of telegram dialogues, data obtained from scke towerss, data obtained from mercloud evidence, digital evidence analysis report, evidence analysis and response data, and the application of Acts and subordinate statutes to report on investigation;

1. Prior to the amendment by Act No. 17338 of June 2, 2020 by the former Act on the Protection of Children and Juveniles against Sexual Abuse, each of the pertinent Articles of the Act and the choice of punishment on criminal facts

§ 11(5) of the same Act, the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 62 (1) of the Criminal Act;

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. The possession of child or juvenile pornography for the reason of the sentencing of Article 48(1) of the Criminal Act is the sex of those who use the pornography.