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(영문) 광주지방법원 2020.12.23 2020고단5283
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2019, at around 13:00, the Defendant connected the “F” established by the Defendant’s residence in the Southern-gu B apartment C, Gwangju-gu, to purchase child and juvenile pornography from the said E, and connected the said E with the telegram “F” using a cell phone, and received a G link in which child and juvenile pornography in which the sexual organ, etc. of children and juveniles produced by the said E is stored, and then received the link, and kept the files in which children and juvenile pornography, etc. were stored, such as children and juvenile pornography (J), taken by accessing the link, and stored the files in which children and juvenile pornography, etc. were stored, from May 2020 to May 27, 202, the Defendant carried them with the Defendant’s cell phone and kept them as child and juvenile pornography.

Summary of Evidence

1. Protocol of seizure of defendant's legal statement;

1. The investigation report (the analysis of suspect A mobile phone evidence);

1. Application of the Acts and subordinate statutes governing the investigation plan for holders of K digital exploitations;

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) (amended by Act No. 1738 of Jun. 2, 2020), each of the relevant statutory provisions and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning orders to attend lectures under Article 62 (1) of the Criminal Act;

1. The act of downloading obscene materials against normal children or juveniles with the reason for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act is not likely to be subject to criticism in that it provides incentives to the act of producing and producing obscene materials and sexual exploitation of children or juveniles punished in the course of production, and causes other sex offenses against children or juveniles.

. the favorable circumstances;

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