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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years 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 December 12, 2019, at around 01:07, the Defendant advertised that he/she sells obscene materials for children and juveniles, which are located in Eunpyeong-gu Seoul, C, and Twitter, the Defendant connected to Twitter and advertised that he/she sells obscene materials for children and juveniles, and displayed a link by reproducing the cultural gift certificate number (F) equivalent to KRW 50,00,00 to the above video seller at the video room with a view to purchasing the obscene materials for children and juveniles’ use in D and E, and by reproducing it into the video room with a view to purchasing the obscene materials for children and juveniles’ use.
Summary of Evidence
1. Statement by the defendant in court;
1. Each investigation report (G's obscenity video and crime list USB storage transfer, and one crime list USB);
1. The details of replys to A cultural gift certificates and the application of statutes on the screen to be seen in advance of G images;
1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 202)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The possession of obscene materials for the reason of sentencing under Articles 21(2) main text and 21(4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Ordering to Attend the community service order and Order to attend the lecture is highly likely to be subject to criticism in that it causes other sex offenses against children and juveniles at the same time as it provides incentives for the production and production of obscene materials.
However, the defendant shows an attitude against the confession of the crime of this case, and the purchase of obscene materials and did not spread them again.