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(영문) 창원지방법원 2021.01.13 2020고단3026
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any child or juvenile sex being taken by him/her with the knowledge of being taken by him/her.

On February 10, 2020, the Defendant, at the Kimhae-si apartment B apartment, and the Defendant’s residence in heading C, posted a “co-ownership of volatilely obscene images” through Twitter, downloaded obscenity files into the Defendant’s cell phone.

On March 31, 2020, the Defendant continued to keep a total of 4020 files, such as the “E” file, which is a child’s sexual exploitation, by accessing the Defendant’s D Account, and received a total of 4020 files, such as the “record of Tax Items on Electronic Information” in the attached Table, and continued to possess these images in the Defendant’s mobile phone with the knowledge that they are obscene materials for children and juveniles.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement electronic information confirmation, screening materials presented at the time of the investigation, printing and printing copies of selective data, and investigation reports (including and accompanying documents) on each list of seizure;

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) concerning the relevant criminal facts and the selection of punishment

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are obliged to adopt a sentence of imprisonment with prison labor selected under Articles 40 and 50 of the Commercial Concurrent Crimes;

1. Article 48(1)1 and 2 of the Confiscation Criminal Act, an order to disclose or notify personal information, the age, occupation, risk of recidivism, the motive, method, consequence, seriousness of each of the crimes in this case, an order to disclose information, an order to disclose information, and an order to restrict employment, comprehensively considering the degree of disadvantage and anticipated side effects of the defendant's entry, the preventive effect of sexual crimes that may be achieved therefrom, etc. In light of the aforementioned comprehensively, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to the Protection of Children and Juveniles against Sexual Abuse.

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