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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence 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 purchase any child or juvenile exploitation material, or possess or watch it with the knowledge that such material is a child or juvenile exploitation material.
Nevertheless, on March 10, 2020, from around 03:00 to 04:00, the Defendant: (a) on the Defendant’s residence located on the first floor of Jin-si Bn-si B in Jin-si; (b) on the part of the seller’s smartphone-rating Television “Pool”, the Defendant sent the price of KRW 130,00 to the seller C; and (c) on the same day, at around 05:25 on the same day, the Defendant took an advertisement that “D” files were sent to the Defendant’s e-mail; and (d) on the part of the seller, he/she carried the act of self-defense or the body exposed to C from around 10:0 to June 4, 200; and (d) on the part of the seller, he/she took possession of the Defendant’s 108 files, which are mixed with the Defendant’s e-mail; and (e) on the part of the seller, he/she was aware that he/she was a child or youth.
As a result, the defendant was aware that he was a child or juvenile exploitation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A protocol of seizure and a list of seizure;
1. Records of the victim’s A-Seizure files, CDs, e-mail records, list of files, children and juveniles’ cambling images, and remittance records;
1. Application of the legislation of each internal investigation report (including accompanying materials, Nos. 2,33 of evidence list)
1. The crime of violation of Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials) against criminal facts is to be a continuous criminal whose crime is terminated only when the crime is completely removed from the unlawful state, such as destroying the above obscene materials, etc., without the completion of the crime. In general, in the case of continuous criminal, the law shall apply at the time when the crime is terminated.