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(영문) 서울남부지방법원 2019.01.18 2018고단5677
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

On July 27, 2017, around 23:56, the Defendant, at the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government, connected “E” to the “F” member account, which is a site exclusive for child pornography using a computer, within the Defendant’s residence in Geumcheon-gu Seoul Building C, and possessed a child or juvenile pornography connected to “G” at that time, and possessed a total of 94 children or juvenile pornography from July 27, 2017 to February 26, 2018, as shown in the attached list of crimes.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement 1 and internal investigation reports;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of possession of child or juvenile pornography) and the selection of each fine for the crime, Article 11 of the Act on the Protection of Children and Juveniles against Sexual Abuse

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 48 (3) and (1) of the Criminal Code for Destruction (Seizure of Electronic Information);

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the provisional payment order takes into account the methods, contents, etc. of the instant crime, taking into account the fact that the Defendant is against, and taking into account other factors such as the criminal record, age, character and conduct, environment, family relationship, circumstances after the commission of the crime, etc., the sentence identical to the disposition is imposed.

In light of the Defendant’s age, occupation, criminal record, risk of recidivism, type of crime in this case, motive, process of crime, age of the victim, relationship with the victim, the degree and expected side effects of the Defendant’s disadvantage due to the above order, prevention of sex crimes that may be achieved by order, and effects of the protection of the victim, etc., the employment restriction order shall not be issued.

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