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(영문) 대구지방법원 서부지원 2021.01.14 2020고합255
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)등
Text

A defendant shall be punished by imprisonment for one year.

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.

Reasons

Punishment of the crime

1. Around December 4, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of sexual exploitations), sent a public room of “D” which is an Internet Mest Program at the Daegu-gu apartment building B, the Defendant’s home located in the Defendant’s home located, and the address of a child or juvenile exploitation-related photo, such as a child’s bridge, and a video file, such as the list of crimes, where the address is posted to a non-electronic server link that can download 2,798 children and juveniles, and stored the above child and juvenile exploitation-related goods at the Defendant’s computer diveb, connected to the above link. Around that time, the Defendant’s E server at the Defendant’s account opened the aforementioned children and juvenile exploitation-related goods as business and kept them until July 16, 200:30.

As a result, the defendant possessed a child or juvenile exploitation.

2. Around December 11, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) distributed a link address to receive 2,798 pictures and videos files, which are obscene materials for children and juveniles as indicated in the list of crimes in the attached Table, such as children’s b body photographs, etc. stored in the Defendant’s account, to eight false names, which were known through “D”, at the places indicated in the preceding paragraph, and through “D”, the Internet Messen program.

Accordingly, the Defendant distributed obscene materials for the use of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each investigation report (Evidence List 40,43) E sales data legislation shall apply;

1. Relevant legal provisions and Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including possession and possession of children and juveniles’ exploitation), Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); and Article 11(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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