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(영문) 서울서부지방법원 2020.11.25 2020고단3134
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six 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

On January 3, 2020, the Defendant posted a notice on the Twitter, “F” as “Seoul, C, D, and E, a social network service, at the end of Gangnam-gu, on January 3, 2020, posted a notice to sell child and juvenile pornography with the content of “F” 1.0, 2.0 of J-K video totaling 2.0, 2.0 of J-K video totaling 2.0, 2.0 discount event, 3.00 discount event, Rara L at the time of purchase,” and proposed to purchase the above obscene material through the cell phone, and then sent the PIN number of KRW 80,00 in return for the above obscene material, and possessed a cell phone connected with Defendant 21 of children and juveniles’ obscene material stored at the seat of children and juveniles as indicated in the attached list of crimes.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant as to D's legal statement (third time);

1. Report on internal investigation (data sold at the rating room classified within the telegram), investigation report (the method of selling sexual exploitation video products for children verified by sellers D and E, etc.) (the method of selling sexual exploitation video products for children verified by sellers D and E, etc.);

1. Application of the details of dialogue between telegrams, the details of the purchase of pin numbers of cultural products, the closure photographs of twitter, and the Acts and subordinate statutes to capture photographs of the file;

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 a sentence on criminal facts

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

1. Possession of child or juvenile pornography for the reason of sentencing under Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, at the same time providing incentives for the production and production of obscene materials, and providing them with incentives for sexual exploitation of children and juveniles punished during the production process.

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