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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the Promotion of Motion Pictures and Video Products shall sell, lend, or possess, transport, openly exhibit or screen any child or juvenile pornography for the purpose of profit-making, and no person shall manufacture, supply, sell, rent, offer, display, or display the classified video products for viewing, or display or keep them for such purpose;
Nevertheless, on December 31, 2012, the Defendant purchased CDs and DVD 500 pages, video tapes, approximately 5,9776 pages, and the number of USB in the underground floor of the building located in the Busan Northern-gu, Busan, about December 31, 2012, where the sexual intercourse between men and women, including children and juveniles, did not receive a rating clearly described.
From around that time to April 6, 2013, the Defendant continued to reproduce CDs and DVD 2,00 copies, and USB 200 copies, which were not classified by using the above copying machine and computer, at the above office, sold approximately four million won among which the Defendant sold CDs and DV 200 copies to the needy and continued to keep the remainder for the purpose of selling.
As a result, the Defendant possessed child and juvenile pornography for the purpose of selling them, and made and sold video products which were not classified, and kept them for sale.
Summary of Evidence
1. Statement by the defendant in court;
1. The first police statement concerning D;
1. Application of Acts and subordinate statutes on police seizure records and list of seizure;
1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; the possession of obscene materials by children and juveniles) and the Promotion of the Motion Pictures and Video Products Act regarding criminal facts.