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(영문) 서울남부지방법원 2021.01.22 2020고단5388
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge of the use of a child or juvenile.

Nevertheless, around March 10, 2020, the Defendant: (a) purchased 51 child or juvenile pornographys that can be clearly perceived as children, juveniles, or juveniles, as indicated in the attached list of crimes in the attached Table, from among children, juveniles, or juveniles, who are posted in Guro-gu Seoul Metropolitan Government Section C; and (b) expressed their intent to purchase by communicating with the aforementioned D; and (c) deposited KRW 10,000 to the Gwangju bank account; and (d) held them by purchasing 51 child or juvenile pornographys with the content of exposing, sexual intercourse, or similar behavior, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the effect that a copy of each police examination protocol concerning D's interrogation of suspect, a list of deposit transaction records of the list of seizure, and a list of transaction records of each of the transaction details to the extent that each twitter is closed;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not good, but appears to be recognized as a crime and against it, the fact that there is no record of criminal punishment, and the fact that obscene materials discovered from the Defendant’s mobile phone were all of the pictures of Matna (3 and 4 obscene materials purchased by the Defendant).

In addition, the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

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