A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

On January 22, 2020, the Defendant connected to the link (F) published by D, the Defendant’s house, Seoul building and C, and kept a total of 385 children’s youth exploitation files, including “G” files, which are children’s juveniles exploitation objects, from the Defendant’s account, until August 13, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statements of seizure, lists of seizure and replies as a result of digital analysis;

1. Application of Acts and subordinate statutes to investigate reports on internal investigation (for child exploitation by A), E replies, list of preserved sex exploitations in the Defendant’s account, number of files held in the Defendant’s account, list of hand values (lists of unique file values in the Defendant’s account) and investigation reports (for example, attaching records of damaged obscene materials and suspect obscene materials in the Defendant’s account);

1. Article 11(5) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity’s Crimes (hereinafter “Act”) Article 62(1) of the Criminal Act on the Suspension of Execution of the Punishment of Juveniles against Sexual Abuse (hereinafter “Act”), Article 62(1) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter “Act”).

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 21 of the said Act;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of punishment by law: One year to thirty years;

2. Scope of the recommended punishment according to the sentencing guidelines: The sentencing guidelines are not set for the facts charged in the instant case, which was instituted on November 23, 2020. The new sentencing guidelines are applied to the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of sexual exploitations) since January 1, 2021.

3. Determination of sentence: The possession of a child or juvenile sexual exploitation for one year of imprisonment and two years of suspended execution, shall be performed in the entire society, such as providing attracting people to commit a crime of producing sexual exploitation intended for children or juveniles, and distort the sexual consciousness of people who view the obscene material.