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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 01:09 on April 11, 2016, the Defendant carried 33 child and juvenile pornography, such as the list of crimes in attached Table 1, from June 2, 2020 until June 2, 200, in which, within the building No. 201:09, the Defendant downloaded the Defendant’s cell phone to the Internet and stored “D” files on which the Defendant’s act of self-defense was taken by accessing the Defendant’s cell phone to the Defendant’s cell phone and committing suicide.
2. Around February 9, 2020, the Defendant posted 24 obscene materials such as Nos. 6 through 29 as indicated in [Attachment Table 2] Nos. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), and violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Distribution of obscenity) around February 9, 2020, by joining the Defendant’s residential area under paragraph (1), entering the F account into the Defendant’s residential area, and up to April 21, 2020, the Defendant 24 of obscene materials as indicated in [Attachment Table 2], including video images, etc. taken in the form of self-defense by the juveniles.
Accordingly, the Defendant openly displayed child and juvenile pornography and obscene images.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the analysis of digital evidence;
1. One CD (data related to the articles seized and the list of offenses), a protocol of seizure, and a list of seizure;
1. Investigation reports (comprehensive analysis of seized articles);
1. An investigation report (Attachment to a CD);
1. A report on internal investigation (Attachment to the closure data by a website);
1. Report on internal investigation (Attachment of a certified copy);
1. Application of Acts and subordinate statutes on internal investigation reports (E, G, H, and I reply);
1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); and Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020);