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(영문) 광주지방법원 순천지원 2021.02.03 2020고단2419
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On January 6, 2020, the Defendant: (a) at the Defendant’s residence located in Mayang-si apartment C apartment site B on January 6, 2020; and (b) at the Defendant’s residence, E and F, etc., who used a mobile phone, posted the advertisement of obscene material sales on the Twitter with the word “G”, etc.

Accordingly, Defendant: (a) sought to search the above telegram ID and to purchase obscene materials up to H “H”; (b) sent a PIN number equivalent to KRW 50,000 to the cultural merchandise coupon to the above F; and (c) as a result, Defendant sent from F the aforementioned PIN number to the above F in return, as in the attached crime list 1 as in the attached list 1, a child or juvenile pornography, such as video images, in which a child or juvenile obscenity was off and off, 570 children or juveniles’ obscene materials, such as video images, are exposed to the above “H”; and (d) viewed the video files connected to the above “H,” and did not delete the link and keep them in the way of continuing to be kept in the Defendant’s cell phone.

2. On March 19, 2020, the Defendant, at the place indicated in Paragraph 1 of Article 20 on March 19, 2020, viewed obscene materials by linking obscenity’s obscenity sales advertisement using mobile phones to a bither telephone, and continued to receive the Defendant’s obscenity link with K, the operator of “J”, to purchase the obscenity up to the said J., and then, to transfer KRW 100,00 to the K Han Bank’s account, as shown in Attached Table 2, and instead, to receive the Defendant’s obscenity link, including children and juveniles, who were off their clothes, and who continued to receive the Defendant’s obscenity link with the Defendant’s obscenity, with the Defendant’s obscenity’s 405 business of 405 business.

Summary of Evidence

1. Protocols of seizure of the defendant’s legal statement, list of seizure and dynamic images taken by him; and

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