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(영문) 의정부지방법원 2021.01.28 2020고단5454
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:32 on August 16, 2019, the Defendant visited a obscenity site using a computer at his own residence located in Do Government-si B, and stored “H” file equivalent to 2.26GB, which had a capacity of 2.26GB, located in the Defendant’s account (I) by accessing E-Link (F) produced and posted to enable children to get obscene materials for use by juveniles.

Accordingly, the defendant was aware that he was a child’s pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (victim's information by linking children's sexual exploitations with each other, and specific person holding children's sexual exploitations (domestic mer accounts);

1. Application of Acts and subordinate statutes in response to E, Machina photograph, and electronic information confirmation document;

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) applicable to criminal facts

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Welfare of Persons with Disabilities, Article 59-3(1) of the Act on the Welfare of Persons with Disabilities (the following circumstances recognized as recorded: ① the defendant recognizes and reflects the crime of this case; ② the defendant has no record of punishment; ③ the registration of personal information and taking lectures to treat sexual assault can prevent recidivism to a certain extent.

In full view of the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, profits expected by an employment restriction order and preventive effects, and disadvantages and side effects resulting therefrom, employment is to be taken into account.

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