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(영문) 대구지방법원 2021.01.29 2020고합507
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

No person shall possess any child or juvenile exploitation knowing that he/she is a child or juvenile exploitation.

Nevertheless, around 14:01 on March 8, 201, at the Defendant’s house located in Daegu-gu, Daegu-gu, 2019, the Defendant: (a) accessed the telephone page “F” room opened for the purpose of spreading obscene materials and posted a notice to enable children and juveniles to download children and juveniles’ exploitation; (b) 210 children and juveniles’ sexual exploitation files, including video and photographs, in which the contents of obscene act were expressed, are mixed with “I” files of “I” (2.36G) files in which the Defendant’s smartphones are mixed with “EMGP cases” within the Defendant’s smartphones; and (c) up to 208:70 on August 28, 200, 200.

As a result, the defendant was aware that he was a child or juvenile exploitation.

Summary of Evidence

1. Protocols of seizure and search of the defendant's legal statement;

1. Application of Acts and subordinate statutes to data on the list of persons subject to internal investigation, list of files held by each account, number of files held by each account, value of hand, G link address, evidentiary data, G subscriber information, analysis report, G company reply details, and data on the conversion of the sstamp value to regular hours;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the relevant crime is committed;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The instant crime subject to disclosure order and notification order is not a “sexual crime against children or juveniles” among “sex crimes against children or juveniles,” and the Defendant is a crime under the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 17282, May 19, 2020).

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