A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

Nevertheless, around 19:18 on February 28, 2020, at the Defendant’s residence located in Geum-gu, Busan (hereinafter omitted), the Defendant accessed the Defendant’s cell phone to send a cultural product right equivalent to KRW 60,000 to his/her names, and received a link from his/her name in order to download the child or juvenile pornography produced by C from his/her name in order to download the child or juvenile pornography, and then, he/she downloaded the above link, which is 375 files as indicated in the attached list of crimes, to the Defendant’s name.

Accordingly, the Defendant possessed child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. In cases of a person holding a child sex attachment (domestic mail account), a report on an investigation is made, a victim's information by link of child sex exploitations, a report on an investigation is made, a report on a link of child sex exploitations is made, a report on internal investigation (in cases of DNA replys, attachment of suspected victim data), a report on internal investigation (in cases of DNA replys, attachment of victim information by link and telegram closures), a report on investigation (verification of suspect's DNA account), an abstract of a report on digital evidence analysis report on police seizure and seizure list, and the application of Acts and subordinate statutes to protect sexual exploitations images;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the choice of imprisonment with labor, including the relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 62 (1) of the Criminal Act;

1. Taking full account of the Defendant’s age exemption from an employment restriction order under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, type of crime, criminal process, criminal records, social benefits expected by an employment restriction order, the effectiveness of the prevention of sexual crimes, and the disadvantages and anticipated side effects of the Defendant’s children and juveniles.