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(영문) 대전지방법원 2020.10.22 2020고단3031
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 September 7, 2019, the Defendant paid KRW 100,000 online cultural product right to D, a seller of child and juvenile pornography, who contacted through Twitter, and received “F” by accessing E links transmitted by D using the Defendant’s mobile phone, and stored 323 child and juvenile pornography in the Defendant’s mobile phone as shown in the list of crimes.

As a result, the defendant had knowledge that he is a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of each protocol of suspect examination of the police against D (No. 9);

1. Application of the Act and subordinate statutes to persons, such as child or juvenile pornography, list, CD investigation report [Case D (Case No. 2019-1648) (Case No. 2019-1648)], internal investigation report (Case No. 4, 16,22) and investigation report (Case No. 4, 16, and 22), each investigation report (Attachment of “H” to the account of “G”), investigation report (Case No. Ha’s Account “H’s response”), investigation report (specific number of suspect’s own account), investigation report (the need for search and seizure of the list of child pornography owned by the suspect), investigation report (the need for search and seizure of the purchaser of cultural products used by the suspect), investigation report (the result of execution of the I search and seizure warrant), investigation report (for those who sent to the suspect by purchasing cultural products rights from the I), investigation report (for those who sent to

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. The main sentence of Article 21(2) and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 59-3(1) of the Welfare of Disabled Persons Act.

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