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(영문) 울산지방법원 2020.11.12 2020고단2708
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for four 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 15, 2019, at the Defendant’s residence located in Ulsan Jung-gu Budio, Ulsan-gu, and around August 15, 2019, the Defendant sent 30,000 won of the right of cultural products to D (hereinafter “F”), a seller of obscene materials used by children and juveniles, using computers, and as a result, sent fin numbers of cultural products equivalent to 30,000 won to D (hereinafter “N”) who is a seller of obscene materials used by juveniles and juveniles, and as indicated in the attached list of crimes, received a download link of 2,886 children and juveniles’ obscene materials as indicated in the attached list of crimes, and then received a download link of the compressed file that combines 2,886 children and juveniles’ obscene materials, and received the said link by accessing the said link.

Accordingly, the Defendant possessed 2,886 obscene materials used by children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes to the details of purchase of gift certificates in Ireland;

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);

1. Article 62 (1) of the Criminal Act;

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

1. Comprehensively taking into account the following factors: Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019); Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse; the reason leading to the instant crime for sentencing under Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities; details and quantity of obscene materials held; circumstances without criminal records; Defendant’s age, environment; and circumstances after the crime, etc., the sentence against the Defendant shall be determined as ordered.

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information shall be personal information in a competent agency pursuant to Article 43 of the same Act.

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