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(영문) 대구지방법원포항지원 2020.11.25 2020고단1062
아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
Text

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

Criminal facts

"200 Highest 1062"

1. On August 19, 2019, around 09:30 on August 19, 2019, the Defendant: (a) posted the Defendant’s residence as the title “G” to the north-gu building B; (b) No. C; and (c) Dozine D D’s residence to purchase child and juvenile pornography; (c) had access to the telegram in operation of the said E using the Defendant’s strip; and (d) had a fin number of KRW 50,000 in cultural products to E; and (c) had a fin number of 50,000 won in cultural products to E; and (d) had a link stored in a compressed file format with approximately 2,254 children and juveniles’ sexual organ, etc., as indicated in the attached list of crimes.

"200 Highest 1129"

2. At around 03:35 on July 20, 2020, the Defendant stopped the Defendant’s operation of the J rocketing car in front of the I cafeteria located in the north-gu, North Korea at the port, and laid the string window by holding the driver’s seat. On July 20, 2020, the Defendant displayed a string of the sexual organ to K (V, 24 years old) who was walking along a car by scaming the sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

Paragraph (1) (2020 highest 1062) of the facts of crimes

1. Defendant's legal statement;

1. Report on commencement of internal investigation, one copy of the sight of video works sold by the suspect E in the amount of KRW 50,00, photograph of the part of the video works sold by the suspect E, and the USB’s photograph of the purchase of cultural products right of KRW 50,00,00 in advance on the screen screen, photo, and inquiry items;

1. Paragraph (2) of this Article (2) shall apply to each investigation report and each internal investigation report;

1. Defendant's legal statement;

1. The police statement of K;

1. Application of the Acts and subordinate statutes to report the occurrence of a case of public performance or obscenity and arrest of the suspected person;

1. The possession of obscene materials in relation to the relevant criminal facts and the selective punishment: The possession of obscene materials in relation to the crime: Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020); and Article 11(5) of the Criminal Act.

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