Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

Nevertheless, around October 31, 2019, the Defendant: (a) posted a notice on the sales of child and juvenile pornography to Twitter “E (F) and Telegram “G” (hereinafter “the Account”); and (b) sent to the said D the right of cultural products (PIN number: I, J, andK) equivalent to KRW 1.30,00 won; and (c) carried “M” video files connected to the L link sent by the said D with the Defendant’s cell phone by downloading the Defendant’s cell phone; and (d) carried them with the Defendant’s cell phone by obtaining a total of 641 children and juvenile pornography, as shown in the attached list of crimes, as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. In cases of the investigation report -N search, seizure and verification warrant execution results, investigation report - crime list of suspects, and attachment of DVD for children's exploitation of suspect's possession, investigation report - the details of purchase of cultural products right purchased by suspects, and the application of

1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), the selection of fines for criminal facts (see, e.g., Supreme Court Decision 2009Da17338, Jun. 2, 2020); and the selection of fines for criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. When comprehensively taking into account the Defendant’s age, occupation, existence of records of sexual crimes, details and motive of a crime, method and consequence of a crime, seriousness of a crime, etc., pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.