Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.
No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.
Nevertheless, around June 12, 2016, the Defendant received a total of 165 children and juveniles pornography as shown in the list of crimes in the attached Table from December 26, 2017, including: (a) by accessing the Defendant’s residence in Bupyeong-si B and 403, to the Defendant’s computer to transfer bitcos using the Defendant’s computer to “C” and received obscene materials using the child and juveniles; and (b) thereby, the Defendant received a total of 165 children and juveniles obscene materials as downloaded.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. The official text requesting cooperation in the investigation of the US HSI, the details of trade of bitcoin deposited in a box operating obscene materials for children and juveniles, user downloads, and trade logs;
1. Application of Acts and subordinate statutes to investigation reports (the need to investigate users separately by police office), investigation reports (the analysis report on the site of obscene materials used by juveniles);
1. Article 11 (5) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of fines for the crime;
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 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 against Sexual Abuse;
1. The production of obscene materials for the reason of sentencing under Article 334(1) of the Criminal Procedure Act should not only be a sex offense against children, but also be connected with additional sex offenses, etc., and thus, social harm and injury should be very large. Therefore, even if having done so for personal possession of obscene materials, it is necessary to strictly punish them.
The obscenity of this case appeared to children who are very young.