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(영문) 대구지방법원 2020.11.17 2020고단4968
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for four months.

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

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

Nevertheless, around September 21, 2019, the Defendant connected the SNS using the mobile phone in Busan-si B, and posted a letter to the effect that C sells child and juvenile pornography to the account of “D” (E) and “F (F (G)” in the telegram, and that he/she would contact the phone page with the Defendant to purchase the child and juvenile pornography, and then sent a total of 6 times, 140,000 won in total to him/her, and sent a cultural product right of 1.40,00 won in total to the H link that he/she sent and sent it to him/her, and possessed an I file, which is a video that may be easily perceived as children and juveniles, by downloading it to the mobile phone, from the time on which women appeared and possessed it with the cell phone, from December 10, 2019, as shown in the attached list of crimes until December 10, 2019.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative Report - Attachment of suspect's list of crimes and list of children's sexual exploitation of a suspect, each investigation report (Twitter used by a suspect, H account), investigation report (the details of purchase of cultural products purchased by a suspect), investigation report (Attachment of purchase of cultural products purchased by a suspect), application of Acts and subordinate statutes to report an investigation (report on extension of children's exploitation of children's sexual exploitation

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 a sentence on criminal facts

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

1. The main sentence of Article 21(2) and the main sentence of Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019);

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