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(영문) 인천지방법원 2020.12.09 2020고단8951
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On March 6, 2020, the Defendant: (a) expressed to B the intent to purchase child and juvenile pornography in the E-training team located in D, public city, and then remitted KRW 14,000 to B’s account; (b) around that time, female juveniles’ body and sexual apparatus filmed from B through Kakaook open hosting; (c) sent 19 copies of child and juvenile pornography videos, such as the mouth images, which female juveniles are fluoring with the male sexual organ, and viewed and stored them by downloading them on the Defendant’s cell phone.

As a result, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Copy of the suspect examination protocol of the police concerning the defendant's court statement B;

1. Application of the Acts and subordinate statutes of a photographic act and subordinate statutes to a seller’s data to inquire about the details of financial account transactions in B, data to inquire about the seller’s details of financial account transactions in B, a detailed statement of account transactions in B, a copy of an investigative intelligence which is the cyber preserving at the Center for the Child Abuse and Abuse of the United States,

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the details and motive of the crime; the method and consequence of the crime; the risk of recidivism; the risk of recidivism; and the sex crime that the defendant was admitted and may be achieved by the employment restriction order.

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