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(영문) 서울남부지방법원 2021.02.05 2020고단5823
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

around 14:06 on February 22, 2020, the Defendant: (a) published an advertisement to the effect that “E, F, and G images are sold” posted by D, a seller of child and juvenile pornography through C website, within a group of joint and several living rooms of 115-43 and 31 association of the Army, Nam-gu, Nam-gu, Nam-gu, Nam-gu, Namnam-do, Namnam-do, Seoul-do, and 31 association of the Army; (b) and (c) conspired with D’s telegram account (H) to purchase one-time video products containing the content of child and juvenile self-defense or sexual intercourse.

Accordingly, the Defendant deposited 3.1 Xmr (al. 3.20,000 won) with D’s “Moine” electronic wallet, received a link address on the “I” file site where obscene materials are stored for children and juveniles, and possessed a total of 112 children and juveniles pornography, such as the list of crimes in attached Form I, stored in the relevant “I” account, and kept them by downloading them to the Defendant’s account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Materials concerning each police suspect interrogation protocol against D, and materials to reply to the court;

1. Application of Acts and subordinate statutes on the closure screen;

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and the selection of punishment for a criminal offense

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

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

1. In full view of the profits and preventive effects expected by the Defendant’s age, occupation, risk of re-offending, type and motive of the instant crime, process of the instant crime, order of employment restriction, etc., and the disadvantages and side effects therefrom, there are special circumstances under which the Defendant may not be restricted from employment, such as child-related institutions, etc.

I think)

The reason for sentencing.

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