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(영문) 청주지방법원 2020.10.22 2020고단1198
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

1. Around August 21, 2019, at the Defendant’s residence located in B, the Defendant sold “F” as the title “F” in C (E) at the Defendant’s residence located in C (Cheongju-si Office). In order to verify the details of a detailed film, the Defendant reported an advertisement published as “G” and intended to purchase a child or juvenile pornography with the Defendant’s mobile phone with the Defendant’s intent to purchase a child or juvenile pornography, and then intended to purchase a KRW 50,00 video with the Defendant’s cell phone, using the Defendant’s mobile phone with the Defendant’s intent to purchase a child or juvenile pornography, and then, the Defendant obtained a cell phone link with the Defendant’s cell phone page with the child or juvenile recorded in attached Table 1, as indicated in attached Table 1.

2. On August 24, 2019, the Defendant: (a) had a mind to additionally purchase child or juvenile pornography materials from C; (b) had access to a toilet room with C by the foregoing method; and (c) had the said C to purchase KRW 100,000 video products; (d) had a fin number of KRW 50,000 of the cultural products right, referred to the said C; and (c) in return, had the child or juvenile pornography materials recorded with the sexual flag, etc. of the child or juvenile in the form of compressive file, 3,510, stored in the form of compressive file, and carried them with the Defendant’s cell phone.

Accordingly, the defendant possessed a total of 5,764 child or juvenile pornography by keeping it in a cellular phone.

Summary of Evidence

Defendant’s legal statement

1. Examination protocol of the accused by prosecution;

1. In the application of each of the Acts and subordinate statutes of search, seizure and verification warrants, investigation reports (e.g., electronic files against C of the suspect), list of offenses, photographs by capturing part of video works sold by the suspect C of the suspect C, and search and seizure verification warrants.

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