Defendant shall be punished by a fine of 12 million won.

If the above fine is not paid, 100,000 won shall be converted into one day.

Punishment of the crime

On March 21, 2020, the Defendant: (a) advertised that he posted D’s obscenity, a seller of obscene materials used for children, through mobile hosting fluencation, at the Defendant’s residence located in the building B B located in the Nam-gu Incheon Metropolitan City building B; (b) sent KRW 5,000 to D’s Agricultural Cooperative Account (E) by contacting D; and (c) received two files of child and juvenile pornography 232 combined with the Defendant’s sexual character, etc., through the Defendant’s e-mail, and sent obscene materials to the Defendant’s mobile phone.

Accordingly, the defendant possessed obscene materials with knowledge that he/she is a child or juvenile pornography.

Summary of Evidence

1. Copy of each protocol concerning suspect examination of the police in relation to D's legal statement of the defendant;

1. Application of the Acts and subordinate statutes on documentary evidence to sellers of the investigation report (personal identity of the purchaser of child pornography), copies of the investigation report (verification of the suspect’s obscenity file), replys (DF Account Records), comparison table of deposit details and mail delivery details, and documentary evidence with obscene materials;

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing is as follows: (a) Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); (b) Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 59-3 proviso of the Welfare of Persons with Disabilities Act (the proviso to Article 59-3(1) of the Act on the Protection of Persons with Disabilities (where special circumstances exist that do not restrict the employment of the defendant when comprehensively considering the records of the crime, the content and motive of the crime; the method and consequence of the crime; the risk of repeating the crime; and the effect of preventing the sex crime that the