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.

Punishment of the crime

Around November 26, 2019, the Defendant: (a) posted the Defendant’s cell phone in Seosan-si B and C, and (b) posted the Defendant’s cell phone to the Defendant’s cell phone in order to publicize the sale of obscene materials for juveniles to use by children; (c) expressed the Defendant’s intent to purchase the obscene materials for children; (d) sent the PIN number to use the cultural gift certificates equivalent to KRW 30,000 as required by the aforementioned D; and (e) connected to Q links received from the said D, the Defendant kept 173 children’s obscene materials, including (i) No. 1 to 173 in each year, and (ii) received from the Defendant’s cell account in the name of the Defendant, from around 10 to February 4, 2020, and kept them in the name of the Defendant’s obscenity account under the name of the Defendant.

Accordingly, the defendant was aware that he was a child’s obscene material.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against D or E;

1. 수사보고 -F 압수 수색 검증영장 집행결과, 수사보고- 피의자 텔 레 그램 대화내용 채 증 및 구매자 목록, 텔 레 그램 대화 내역, 구입한 파일 캡 처 화면, 구입한 파일 저장 CD 수사보고 (F 회신자료 기준 1차 수사대상자 총 74명 선별), 수사보고 (Q 아동 음란물 구매 범죄 일람표 기재 아동 음란물 USB 저장 송치 및 동영상 스냅 샷 별지 기록 출력), 범죄 일람표 동영상 스냅 샷 출력

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020; hereinafter the same applies) and the choice of imprisonment with prison labor as to 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 62 (1) of the Criminal Act on the suspended execution;

1. The Act on the Protection of Children and Juveniles against Sexual Abuse;