A defendant shall be punished by imprisonment for six 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 any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, around March 23, 2019, at around 08:27, the Defendant connected the Internet site called “D” where he shares obscene videos using a mobile phone at the Defendant’s residence located in Suwon-si, Suwon-si B and C. The Defendant: (a) connected the so-called “E” victim’s child and juvenile F’s body, self-defined with 196 images and photographs containing 196 video files “F.zips” (H equivalent to 2.36GB) where the Defendant used to store and view them in G account (H) where the Defendant was aware that he/she was a child and juvenile pornography. Accordingly, the Defendant possessed them with the knowledge that he/she was a child and juvenile pornography.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s statutory statement printed materials, files inside a link, printed materials at sea, printed materials from evidence, and each investigation report (Evidence List Nos. 5, 7, 10, 16);

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) comprehensively including the pertinent Article of the Act and the choice of punishment for the crime

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Welfare of Persons with Disabilities Act (the fact that the defendant has no record of being punished for committing a sex offense, and the fact that the defendant has an effect of preventing re-offending to a certain extent through an order to undergo education for treatment of sexual assault;

In addition to the fact that the defendant appears, the age, family environment, family relationship, social relationship, relationship with the victim, the process and result of the crime in this case, the prevention of sexual crimes that can be achieved by the employment restriction order, the effect of the protection of the victim, and the defendant.