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(영문) 부산지방법원 2021.02.19 2021고합1
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for not less than eight 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.

Reasons

Punishment of the crime

No person shall purchase any child or juvenile exploitation material, or possess or watch it with the knowledge that such material is a child or juvenile exploitation material.

Nevertheless, at around 03:04 on February 13, 2020, the Defendant: (a) classified the F-Link (G), which is capable of downloading the Defendant’s child and juvenile exploitation by using the Defendant’s 7 smartphonephones; (b) used the victim H (W, 13 years old) with the pent and knife’s knife on a long part; and (c) kept the Defendant’s 362 children and juvenile exploitation water, including the video files, in total as indicated in the attached list of crimes, and viewed it by viewing it, and kept it from the above date to July 19, 2020.

As a result, the Defendant, knowing that he was a child or juvenile exploitation, was possessed and viewed.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the internal investigation report (FF response data attachment), internal investigation report (Preparation of a crime list and capture of a sexual exploitation image), output of a crime list, closure data by file of each child’s juveniles exploitation exploitation product, details of access data F, details of access data, and details of access records inquiries;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the relevant crime is committed;

1. Article 53 and Article 55(1)3 of the Criminal Act (amended by Presidential Decree No. 2010, Nov. 1, 2011) of the Act on the Suspension of Execution of Sentence 62(1) of the Criminal Act (amended by Presidential Decree No. 2010, Dec. 1, 201

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

1. The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of sexual exploitation) is excluded from “sexual assault against children and juveniles” under Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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