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(영문) 인천지방법원부천지원 2020.09.16 2020고단738
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

1. On May 9, 2018, at around 22:01, the Defendant: (a) connected the D program using a computer in the Defendant’s residence in Kimpo-si B apartment C; (b) downloaded the video of the title “E, a child or juvenile pornography,” and kept it on the said computer hard disc from that time until January 20, 2020.

2. On December 8, 2019, the Defendant: (a) downloaded the videos of the title F, “F, a child or juvenile pornography,” at the same place as in the foregoing paragraph, and kept them in the said computer hard disc from that time until January 20, 2020.

Summary of Evidence

1. 피고인의 법정진술 압수조서, 압수목록 스냅샷 법령의 적용

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, 2020 of the previous Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal provisions and sentence

6. 2. Selection of fines under Article 11(5) of the Act (amended by Act No. 1738 of the Act of the Republic of Korea)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act to issue a provisional payment order under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is so decided as per Disposition on the grounds of Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020), the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020), the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act or above

An act of possessing child or juvenile pornography is against a child or juvenile who seriously distorted the sexual awareness of the people using such pornography and, furthermore, provides inducing them to sexual exploitation in the production and production process of obscene materials, as well as providing them with inducing them to sexual exploitation.

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