A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 21, 2020, the Defendant: (a) visited the Defendant’s vehicle located in Ulsan-gu, not more than 01:00, and perused the sales text posted by B, a seller of obscene materials for children and juveniles, using mobile phones; (b) remitted KRW 40,00 to B; (c) in return, the Defendant sent the same amount of KRW 40,00 to B; and (d) received the download of the compressed file combining 226 cases of obscene materials for children and juveniles as indicated in the attached list of crimes that contain the contents of the act of self-defense by a female who is a child or juvenile, from the above B; and (c) received the same by e-mail the same file by accessing the said link and downloading it to his/her cell phone.

As a result, the Defendant possessed 226 obscene materials for children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Other closure photographs and cellular phone photographs;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes on seizure records and 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 of Jun. 2, 2020), which applicable to the relevant criminal facts and intends to select a sentence,

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be based on the following factors: (a) the background leading up to the instant crime; (b) the content and quantity of obscene materials held by the Defendant; (c) the Defendant’s age, environment; and (d) the circumstances after the crime; and (c) the criminal records; and

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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, the risk of recidivism is significant.