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(영문) 청주지방법원 2021.01.29 2020고합263
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

No person shall possess any child or youth with the knowledge that he/she is a obscene material for use by such child or youth.

Nevertheless, around August 19, 2019, the Defendant, at the Defendant’s residence in Jincheon-gun B building C, sold the videos, such as online trading, Memtho, Mem, Memthy, Memthy, Memthy, Mem, Meming, Meming, Meming, Meming, and Meming, on the F account, with the title “G” as “G.” In order to verify the details of the detailed images, the Defendant reported the comments posted as “H” and received the obscene materials for the use of children and juveniles.

Accordingly, Defendant 1 connected the telegram of the telegram in which the above E is being operated to the “G” channel, and added a number of 100,000 won for cultural merchandise coupon numbers to the above E, and in return, Defendant 2 received approximately 3,510 obscene materials stored in the compressive file format, such as as in the list of crimes in the attached Table, for children and juveniles’ sexual instruments, and carried a child or juveniles’ obscene material by receiving them from the Defendant’s outer fladd with the Defendant’s external flag link.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol of seizure and report on internal investigation in the list of seizure (the counter party to a seller of child pornography and the result of confirmation of sales video products by amount);

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) (amended by Act No. 1738, Jun. 2, 2020);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 48(1)2 and (3) of the Scrapping Criminal Act;

1. Personal information on “a person who has committed a sex offense against a child or juvenile” under Article 49(1)1 and Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 17282, May 19, 202, imposing an order to disclose or notify information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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