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(영문) 수원지방법원 2021.03.18 2020고합759
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2020, the Defendant connected to the “twitter” for social network services using a mobile phone from the Suwon-si B and C around January 2, 2020, and transferred KRW 5,000 to D as the price, received links, and received 50 copies of video files with children and juveniles, such as the list of crimes in the attached Table, and possessed them, even until October 17, 2020.

Summary of Evidence

1. The application of Acts and subordinate statutes to a copy of each police interrogation protocol concerning D containing the statement of a defendant in the first public trial protocol (related to the verification of suspect E-mail) and a report on investigation (related to the seizure of a suspect E-H) under the police investigation protocol concerning D in the statement of a defendant in the first public trial

1. Article 11(5) (including comprehensive) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 53 and Article 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act (Article 11(5)) of the same Act concerning the crime committed;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The offense of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of sexual exploitations) is excluded from the “sexual assault crime against children and juveniles” pursuant to Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, does not constitute the subject of the disclosure order and notification order under Articles 49(1)1 and 50(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020).

In addition, Articles 49(1)1 and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020) amended to expand the subject of disclosure order and notification order to “sexual crimes against children and juveniles” from “sexual crimes against children and juveniles.”

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