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(영문) 수원지방법원 2020.11.19 2020고단5126
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 November 27, 2019, the Defendant searched “video sales” by using a mobile phone to purchase child or juvenile pornography in Suwon-gu, Suwon-gu, the Defendant’s residence. The Defendant discovered “G (E)” through a SNS account, including “C (D) and telegram E”, which sells child or juvenile pornography in order to sell obscene materials, and then then sent one cultural product right (PIN number: H) of KRW 40,00 to the Defendant’s residence. The Defendant continued to receive the link No. 470, 378, 47, 47, including the Defendant’s cell phone file No. 487, supra, with the Defendant’s cell phone page No. 485, supra. 27, 2017.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's suspect interrogation protocol against F of the defendant's statement in the court room: Possting of the suspect's interrogation record, capturings of sexual exploitations, closures, and each investigation report (Evidence Nos. 9, 13, 15, 20)

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

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