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(영문) 부산지방법원 2020.12.09 2020고단4078
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

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.

Reasons

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 06:03 on February 13, 2020, the Defendant: (a) connected the Defendant’s residence to “C” (hereinafter omitted) with a computer installed at the place, which is an Internet pornography site; and (b) connected to a G link that makes it possible for the Defendant to download the child and juvenile pornography produced at the place; and (c) downloaded 17 files of child and juvenile pornography, such as the list of crimes in the attached list, to the G account in the name of the Defendant.

Accordingly, the Defendant possessed child or juvenile pornography.

Summary of Evidence

1. The defendant's legal statement or investigation report is carried out by the defendant's person holding the child's sexual exploitations (domestic domain account), internal investigation report (in respect of the child or juvenile sexual exploitations in possession of the suspected child or juvenile), investigation report is conducted and the investigation report is conducted, and the child's sexual exploitations are linked;

1. The police seizure record and the list of seizure;

1. Application of the statutes governing output of child or juvenile pornography materials requested to provide data;

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. Comprehensively taking 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 records, social benefits expected by an employment restriction order, the prevention of sexual crimes, and the resulting adverse effects, etc., the Defendant’s child and juvenile-related institutions, etc. and welfare facilities for disabled persons shall not issue an employment restriction order to the Defendant pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

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