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Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On June 1, 2017, at around 19:08, the Defendant accessed D’s residence to sell and distribute obscene materials used by children and juveniles to the Defendant’s “C” account using a black PC, and then received a download of obscene materials of the title “E” in which children and juveniles appeared and engage in sexual intercourse, as described in the attached list of crimes, the Defendant stored 17 children and juveniles’ obscene materials into the Defendant’s solar PC and Google F by March 23, 2018.
Accordingly, the defendant was aware that he was a child or juvenile pornography.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on internal investigation (Attachment to a report on the investigation process of the National Police Agency on the commencement of the investigation) - Investigation report (the need to investigate the user separately by police agency), transaction details of bitcoin, search and inspection warrant, and transaction information of bitcoin;
1. Domestic investigation report (verification of original subscription information, etc. of persons subject to the Daegu Office Office) - Membership information, details of transactions, and output of IP access logs;
1. Report on internal investigation (the result of request for provision of communications data - connected IP)- replys;
1. An investigation report (specific user details on the use of a user 242 website);
1. Answers on results of digital evidence analysis;
1. Investigation report (the results of analysis of tables evidence and the attachment of a certificate of electronic information) - Results of analysis of evidence, electronic information certification;
1. A protocol of seizure and a list of seizure;
1. Investigation report (such as attaching photographs to each obscenity) - Application of photographic Acts and subordinate statutes;
1. Article 11 (5) of the Act on the Protection of Juveniles from Sexual Abuse and the Selection of each fine for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The production of obscene materials for the sentencing of Article 334(1) of the Criminal Procedure Act is not only a sex offense against children, but also a sex offense against children.