A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall possess a child or juvenile pornography in the form of film, video product, game material, or picture or image, etc. through a computer or other communications media, by expressing contents that cause sexual humiliation or aversion of the general public, or that present any other sexual act, such as sexual intercourse, acts of sexual intercourse using parts of the body, such as the mouth or anus, or all or part of the body, or acts of contact or exposing with and exposing all or part of the body, which is obviously recognizable as a child or juvenile.

Nevertheless, the Defendant, at around December 31, 2019, connected to “Ra” by smartphones, sells obscene materials used by children and juveniles, such as trading, middle trading, and Li, etc.

“The writing posted by C, a seller of obscene materials for children and juveniles, reported to the effect that “A” is a seller of obscene materials for children and juveniles, sent 8,000 won to C’s bank account (E) to purchase obscene materials for children and juveniles, paid the price of obscene materials for children and juveniles, and sent a “F” link from C to receive a download of obscene materials for children and juveniles, and stored the video and photo files in the Defendant’s smartphones by downloading the video and photo files recorded in the list of crimes committed against children and juveniles, which are obscene materials for children and juveniles.

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

Summary of Evidence

1. Statement by the defendant in court;

1. To extract the relevant transaction details deposited into the account of the seller’s criminal act; to apply the bank reply data on the personal information of the account owner; to 28 copies of the suspected criminal suspect’s possession files; and to the crime log file (Attachment CDs)-related statutes;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the former Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 637, Jun. 2, 2020).