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(영문) 서울남부지방법원 2019.03.29 2018고단6047
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

The sentence of sentence against the defendant shall be suspended.

The criminal facts stated in the judgment that have been seized are stored under subparagraph 1.

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 May 12, 2018, around 10:51 on May 12, 2018, the Defendant connected an Internet file sharing program E with IP address D, and received 34 video files from female students in high school female dormitories, such as the list of crimes in the attached Form, and stored them in his/her Nowon-gu computer.

Accordingly, the defendant had a video file even though he/she is aware that he/she is a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report, reports on results of analysis of digital evidence, and application of each photographic statute;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the general provisions and the selection of fines) of the relevant criminal facts and the selection of punishment;

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (see, e., Supreme Court Decision 200

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the circumstances of postponement of sentence, the purpose and effect of completion of order, etc., it is deemed that there is a special reason to exempt the defendant from the order

1. According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes without any obligation to register and submit personal information under Article 48(1)2 and (3) of the Aggravated Punishment Act, a crime is subject to registration of personal information only when imprisonment is sentenced (Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse). As such, the Defendant does not constitute a person subject to registration of personal information and is not obligated to submit personal information

The crime is committed on whether the disclosure order and notification order are subject to.

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