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(영문) 서울서부지방법원 2021.01.27 2020고단3879
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six months.

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

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

On March 19, 2019, in Seodaemun-gu Seoul, which is the Defendant’s residence, the Defendant collected a video file of “C”, which is a child or juvenile pornography, from the offline (E) channel in Seodaemun-gu, Seoul, which is the Defendant’s residence, and stored the video file in the Defendant’s D account (E) on the same day, and stored the video file, which is a child or juvenile pornography, in total eight children or juvenile pornography, in the Defendant’s D account as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (in response to a request to furnish D's data);

1. Each investigation report (the identification of users in the contact of the D Account Business Operator, the users in the D Account room, the identity of the accused and children, the identification of the juvenile sexual exploitation, and the child pornography in the CD);

1. Application of Acts and subordinate statutes to Chapter 1 CDs containing obscene images used by juveniles;

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 202)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The possession of obscene materials for the reason of sentencing under Articles 21(2) main text and 21(4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Ordering to Attend the community service order and Order to attend the lecture is highly likely to be subject to criticism in that it causes other sex offenses against children and juveniles at the same time as it provides incentives for the production and production of obscene materials.

However, the defendant shows an attitude against the confession of the crime of this case, the purchase of obscene materials and the distribution of obscene materials seems not to be made again, and the fact that the defendant has no means to impose any criminal punishment shall be considered as favorable circumstances.

Such circumstances and the Defendant’s age, character, environment, and environment;

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