Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, at around 05:19 on May 14, 2018, the Defendant had access to IP address E from the fourth floor of Seodaemun-gu Seoul Metropolitan Government building D to Internet file sharing program B, and possessed 34 children and youth pornography as shown in the attached list of crimes, by downloading and possessing a screen image of female students in high school women’s dormitories (e.g., files name: F) with which they download the body of female students.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of a report on analysis of digital evidence and a report on analysis of propagation B);

1. On-site documentary evidence photographs;

1. Application of the existing Acts and subordinate statutes of seized B trial files (C) (Evidence 1);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the general provisions and the selection of fines) of the relevant criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act regarding a provisional payment order is that obscene materials used by children and juveniles should be very large and constant, and thus, it is necessary to strictly punish obscene materials even if they were to possess obscene materials personally.

The obscenity of this case is a photograph of female students’ body, and the degree of obscenity is not less than that of this case.

On the other hand, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the Defendant’s primary offender, character and conduct, family relation, environment, circumstances after the crime, and result, etc.

According to the proviso of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes without any obligation to register and submit personal information, children and juveniles are committed in case of crimes.