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(영문) 부산지방법원 2021.02.05 2020고합526
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)등
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

1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse shall possess any child or juvenile exploitation while knowing that such child or juvenile exploitation has been made;

Nevertheless, on January 8, 2020, at the defendant's house located in Geum-gu, Busan, the defendant kept four children and juveniles' sexual exploitations in the defendant's computer and the telephone carrying machine using the same method as the attached list (1) from August 11, 2020 to August 11, 2020, as well as the receipt of 24.mp4' files, which are children and juveniles' sexual exploitations, which are children and juveniles' sexual exploitations, which are children and juveniles' sexual exploitations, with access to the obscenity site and self-defenses with their sexual exposure.

As a result, the defendant was aware that he was a child or juvenile exploitation.

2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials) shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography;

Nevertheless, the Defendant, at around 19:58 on January 30, 2020, stored 375 child and juvenile pornographys from January 31, 2020 to January 31, 2020 in the F account with a child and juvenile victim E (n.e., 14 years old), who is a child or juvenile, by accessing a link to a “D” spreaded place, with a child or juvenile victim E (n.e., 14 years old), who is a child or juvenile, by exposing his/her sexual organ, and stored 375 child or juvenile pornographys in the same manner as the list of crimes in attached Form 1 (2).

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure and protocol of search;

1. Investigation report (specific to the possessor of children's sexual exploitations), investigation report (information on victims by linking children's sexual exploitations);

1. Application of Acts and subordinate statutes, such as photographs, personal details of victims, etc. of each image closure and reporting of video works;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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