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(영문) 울산지방법원 2020.10.29 2020고단2715
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around August 20, 2019, sent 200,000 won of cultural product right numbers to D (te., a seller of obscene materials using children and juveniles) by accessing Bag B building in Ulsan-gu and the Defendant’s residence using a computer, and in return, received obscenity of “F” containing the content of committing an act of self-defense by children and juveniles, etc. from the aforementioned D, as well as received obscenity from the aforementioned D to August 28, 2019. In addition, the Defendant sent 3.50,000 won of cultural product right numbers to the above D four times from that time until August 28, 2019. In return, the Defendant received a link with the compressed file by combining 3,510 items of obscene materials used by children and juveniles, as indicated in the attached list of crimes, and received the link from the said link to his/her computer.

As a result, the Defendant possessed 3,510 obscene materials used by children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes to the details of purchase of gift certificates in Ireland;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), which applicable to the relevant criminal facts and intends to select a sentence,

1. Article 62 (1) of the Criminal Act;

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

1. Comprehensively taking into account the following factors: Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019); Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse; the reason leading to the instant crime for sentencing under Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities; details and quantity of obscene materials held; circumstances without criminal records; Defendant’s age, environment; and circumstances after the crime, etc., the sentence against the Defendant shall be determined as ordered.

When this judgment becomes final and conclusive on the registration and submission of personal information.

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