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(영문) 대전지방법원 2015.11.30 2015고단3582
아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around August 29, 2015, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession), visited a D meeting with obscene material C, 129 Dong 1004 and smartphones, and carried a total of 276 child and juvenile pornography in the same manner as indicated in the attached list 1 of crimes, in which the 10th female shows her sexual organ to display her sexual organ with his/her unknown body, and the obscenity image “138345975207.207. mp4, in which the 10th female shows her sexual organ to display her sexual organ with his/her unknown body, was downloaded and stored in the Defendant’s her NAD NE (IDE) and possessed a child and juvenile pornography.

2. Around August 2015, the Defendant posted a notice on the Defendant’s Twitter to sell obscene materials for children and juveniles held in the same place as the above paragraph (1) at the same time as the above paragraph (1) of the aforementioned paragraph, and received 20,000 won numbers from the needy who reported and contacted the advertisement at around September 14:39, 2015, and received 20,000 won numbers from the needy who sent the above advertisement at D e-mail. The Defendant’s e-mail carried out an act of self-defenseing 10 women by exposing their chests and sex organs from the room, such as obscenity, “2013.p4mp4” files, and sold children and juveniles obscene materials from September 21, 2015 to September 21, 2015, as shown in the Defendant’s e-mail, for the purpose of selling and selling them to 30 children and juveniles obscene materials from September 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and each list of seizure;

1. Report on analysis of digital evidence, report on internal investigation (with respect to the business trip, investigation of residence, image of smartphones, seizure of criminal files), and investigation report (with respect to the classification of child or juvenile pornography);

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Criminal facts;

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