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(영문) 인천지방법원 부천지원 2018.12.12 2018고단2802
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, at around July 13, 2015, connected to the “C of the deep web site that sells and distributes obscene materials for children and juveniles,” and paid 0.1408BT Co., Ltd. granted by the operator, and possessed a total of 437 children and juveniles using obscene materials at the above website, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. A certificate of electronic information;

1. Application of Acts and subordinate statutes to report internal investigation (the transmission, downloaded details) (the results of digital evidence analysis) (the transmission, downloaded details) and investigation report (the results of digital evidence analysis);

1. Article 11 (5) of the Act on the Protection of Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for each of the legal provisions applicable to the crime and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. The main sentence of Article 56(1) and the main sentence of Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse against whom an employment restriction order is issued, obscene materials used by children and juveniles for the sentencing of Article 56(1) and Article 56(2) need to be strictly punished even if they were in possession of obscene materials personally because their production itself is not only a sex offense against children, but also an additional sex offense, etc.

The instant obscenity is a very serious obscenity for children to appear. In particular, the degree of obscenity is particularly serious.

Although the defendant shows an attitude to recognize and reflect the mistake, he/she will not repeat the crime.

It is recognized that there is no criminal history prior to this case, but there is no criminal history.

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