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(영문) 수원지방법원 2021.02.04 2020고단6473
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for 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

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, around August 24, 2019, the Defendant visited the Twitter by making use of a mobile phone, and sent a cultural merchandise coupon number of 50,000 won to D, a seller of obscene materials used by children and juveniles, by making access to the Twitter using a mobile phone, and sent a purchase price. D received a link where obscene materials used by children and juveniles are stored in the compressed file form and stored at the same time, and stored a total of 302 children and juveniles’ obscene materials file, such as the list of crimes in the attached Table, and stored them in the Defendant’s mobile phone until August 25, 2019.

As a result, the Defendant possessed obscene materials for children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. F reply data, reports on results of analysis of digital evidence, sirens, and investigation reports (the No. 7, 8,10 of the evidence list);

1. Application of existing laws and regulations on one (No. 1) of the seized smartphones (SM-G973N)

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) comprehensively including the pertinent Article of the Act and the choice of punishment for the crime

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

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Welfare of Persons with Disabilities Act (the fact that the defendant has no record of being punished for committing a sex offense, and the fact that the defendant has an effect of preventing re-offending to a certain extent through an order to undergo education for treatment of sexual assault;

In addition to the fact that it appears, the defendant's age, family environment, family relationship, social relationship, relationship with the victim, sexual crime that can be achieved by the employment restriction order.

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