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(영문) 제주지방법원 2021.02.04 2020고단2898
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B A SNS, such as Twitter, etc., produces obscene materials for children and juveniles by photographing children and juveniles, using a deceptive scheme, etc., and by inducing them to capture obscene materials for children and juveniles, such as a room for disseminating obscene materials for children and juveniles, such as a room of “C”, “D”, etc., and recruited its members, and led the case of spreading obscene materials for children and juveniles (the so-called “E”), and the Defendant is the person who participated in the above “C”, “D”, and “D”.

On February 29, 2020, the Defendant visited the F server through F’s child and juvenile pornography link (G) that sent name-free winners from the telegrams opened by B using mobile phones, and was downloaded with “H, which is a child and juvenile pornography produced by B,” as shown in the list of crimes in the attached Table, including the “H” file.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. In cases where investigation and reporting is necessary; a specific holder of child sex exploitation (domestic email account); a list of files held in each account (I); an Internet access records in I Account; a report on digital evidence analysis results; a seizure protocol; and the application of statutes on the list of seizures;

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) and the selection of fines for criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Articles 49(1) and 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (the crime of this case is not a sexual crime against children and juveniles.

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