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(영문) 수원지방법원 2021.03.18 2020고단7843
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

On October 20, 2019, the Defendant visited Twitter using a mobile phone from C dormitory D located in C Dormitory B at Sungsung City on October 20, 2019, discovered a link to which free child or juvenile pornography can be downloaded, connected, and then received 260 files of child or juvenile pornography from the child or juvenile pornography: Provided, That the Defendant corrected “the date of possession” in the most right column of the list of crimes in the attached Table as “the date of acquisition” at the end of the list of crimes.

As described above, a total of 613 obscene materials used by children and juveniles were collected and stored in the Defendant’s mobile phone, and had obscene materials used by children and juveniles until April 27, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement No. 1, No. 1, No. 2, No. 2, No. 2, No. 1, and No. 2, No. 2, to each investigation report on the purchase details of Grand Culture gift certificates (Evidence No. 1, No. 2) to each investigation report (Evidence No.

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 1738, Jun. 2, 2020; hereinafter collectively referred to as the “former Act”) and Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the selection of punishment for imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The order to attend a lecture and Article 21(2) main sentence of Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (amended by Act No. 1738, Jun. 2, 2020), include the following: (a) the order to attend a lecture and the order to provide community service: (b) the sentence of imprisonment with labor against the defendant; (c) the registration

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