A defendant shall be punished by imprisonment for not more than ten 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

No person shall possess any child or juvenile sex exploitation knowing that he/she is a child or juvenile sex exploitation.

Nevertheless, around March 8, 2019, the Defendant connected the Defendant’s cell phone line B and C to D links connected to the Defendant’s cell phone and stored at the same time, and stored 210 children and juveniles sexual exploitations, which were recorded in the annexed list 1, and kept until August 5, 2020. From April 11, 2018 to March 8, 2019 by the same method, the Defendant stored a total of 749 children and juveniles sexual exploitations, which were recorded in the annexed list 2, from April 11, 2018 to March 8, 2019, and stored them until August 5, 2020.

As a result, the Defendant possessed child and juvenile pornography.

Summary of Evidence

Defendant’s legal statement

Examination of Police Suspect against Defendant

1. The police seizure record and the list of seizure;

1. Investigation reports on results of the analysis of digital evidence (Preparation of results of digital siren analysis and crime list);

1. Application of the Acts and subordinate statutes on evidence collection data to suspects A;

1. The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent offenders under Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including each victim) concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. In light of the 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 Welfare of Persons with Disabilities, the Defendant is a primary offender, and the Defendant’s age, occupation, family environment, social relationship, etc., it appears that the registration of personal information on the Defendant and participation in the sexual assault treatment lecture alone can have the effect of preventing re-offending.