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A defendant shall be punished by imprisonment for not less than eight 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
1. No person shall possess any obscene material in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, knowing that such material is a child or juvenile pornography;
Nevertheless, around June 2018, the Defendant received a total of 27 children and juvenile pornography as shown in the attached list of crimes, such as holding a video file which children and juveniles face with a computer hard disc, by accessing “C”, which is an Internet file sharing program, and is called “D” in which children and juveniles appear.
2. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall distribute, provide, openly exhibit or exhibit child or juvenile pornography;
Nevertheless, the Defendant, at around June 19, 2018, accessed “C”, an Internet file sharing program using a computer, and distributed a total of 27 child and juvenile pornography from around that time to June 26, 2018, as indicated in the list of crimes in the attached Table, as well as distributed a video file in which children and juveniles have sexual intercourse with adults.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Analysis reports on the distribution of child pornography and the application of Acts and subordinate statutes of domestic investigation reports (child pornography CIP holders);
1. Relevant legal provisions concerning criminal facts, Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of distributing child or juvenile pornography), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of possessing child or juvenile pornography), and the choice of imprisonment with labor for each type of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The Act on the Protection of Children and Juveniles against Sexual Abuse;