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

On March 3, 2020, the Defendant sent each of the above accounts to 8,000 won (E) from the Kakao Bank Account (D) to the Kakao Bank Account in the name of the Defendant, and possessed 2,000 won (hereinafter referred to as 21:24 on the same day) for the purchase price of video, and possessed 10 children and juveniles pornography by delivering each of the above accounts with 2,000 won (hereinafter referred to as 2,00 won) from 21:24 on the same day.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) and the selection of imprisonment for a crime

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

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

1. Determination on the assertion by the Defendant and the defense counsel under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Act on Welfare

1. The defendant and his defense counsel asserted that although the defendant had received child and juvenile pornography from the defendant's decision to open to the Kakao Stockholm, such facts alone cannot be viewed as possessing child and juvenile pornography.

2. Article 11 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “a person who knowingly possesses a child or juvenile pornography” shall be punished.

Here, this refers.