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(영문) 수원지방법원 2020.11.19 2020고단5056
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

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.

Reasons

Punishment of the crime

On August 15, 2019, the Defendant decided to contact the Defendant’s residence in the Defendant’s Cheongdo-gun B with the Defendant’s cell phone phurg Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megical Megicals,

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the closure photographs of a video recording, response to settlement details, and reports on internal investigation (Evidence Nos. 8, 11, 12) ;

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) (amended by Act No. 1738, Jun. 2, 2020);

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Where a judgment of conviction on the criminal facts in the judgment of conviction as to the registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than one year;

2. The sentencing criteria; and

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