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

On June 29, 2020, the Defendant received 34 files of the video images on which 34 files such as her chests and traw, etc. were stored in the dormitory in the process that female students, who access the Internet D website through a computer in Goyang-gu, Yongsan-gu B apartment C, Goyang-si, Yongsan-gu, and carried them with the knowledge that they were sexual exploitations for children and juveniles, with the knowledge of the fact that they were sexual exploitations for children and juveniles, in the process that female students, who illegally recorded 34 files such as her chests and traws were stored in the dormitory.

Summary of Evidence

1. Application of Acts and subordinate statutes to the closure screen pictures of the accused's legal statement, internal report (Evidence List Nos. 1) to the accused's oral statement, and the details of inquiries about user information by the accused;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020), which were amended to expand an order to disclose or disclose information to the public, and an order to notify “sexual assault against children or juveniles” to “sexual assault against children or juveniles,” cannot be applied to the instant crime committed by the Defendant prior to the enforcement of the aforementioned Act pursuant to Articles 1 and 3 of the Addenda (amended by May 19, 2020) of the same Act.

The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse falls under “sex offenses against children or juveniles” as defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, but falls under “sexual offenses against children or juveniles” as defined in subparagraph 3 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.