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(영문) 수원지방법원 2020.12.10 2020고단5769
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 20, 2019, the Defendant: (a) posted a notice to the effect that B (C) sells videos, such as crowdfunding, Manobs, Meds, Medsing, Medsing, and Medsing, “E” as the title “E” in Twitter (D) around August 20, 2019; (b) contacted B around that time to purchase child and juvenile pornography; (c) sent online cultural product right numbers of KRW 100,00 to B around August 19:15, 209; and (d) thereafter, around that time, the Defendant possessed a cell phone link in the form of compressing files with approximately 3,510 children and juveniles, and children and juveniles’ obscene goods, etc. directly transmitted to B, by means of direct transmission of the Defendant’s cell phone, etc., as described in the attached list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the closure photographs and respective internal reports (Evidence Nos. 8, 11) on images;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) (amended by Act No. 1738, Jun. 2, 2020);

1. Article 62 (1) of the Criminal 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;

1. Where a judgment of conviction on the criminal facts in the judgment of conviction as to the registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

1. Reasons for sentencing.

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