A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

On August 31, 2019, the Defendant sent 100,000 won cultural gift certificates to C, a seller of obscene materials used by children and juveniles, by accessing the Internet Messen “Ra” using mobile phones at the Defendant’s residence located in Yangsan City around August 31, 2019. In return, the Defendant sent 324 of child and juvenile pornography as indicated in the list of offenses in the attached Table containing the contents of the act of self-defense by a woman who is a child and juvenile, as a child and juvenile, from the aforementioned C, and received a download link combining 324 of the child and juvenile pornographys as indicated in the list of offenses. Around that time, the Defendant accessed the link and received the said file downloadd to his/her cell phone.

As a result, the Defendant possessed 324 obscene materials for children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. A copy of the investigation report (for a person who has purchased cultural merchandise coupons in D and sent them to the suspect), a report on investigation (for a child’s obscenity video recorded in A’s cell phone), and a report on investigation (for a child’s obscenity video product confirmed);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) and the selection of a sentence for criminal facts

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Act on the Welfare of Persons with Disabilities (the defendant has no record of being punished for sex offenses; the defendant has no record of being punished for sex offenses; the order to undergo education to treat sexual assault to a certain extent can prevent recidivism;

In addition to the fact that the defendant seems to be, the age, family environment, family relationship, social relationship, and the details of the crime of this case.