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(영문) 대전지방법원 천안지원 2021.03.12 2020고단3188
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year 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.

Nevertheless, around 23:53 on March 11, 2019, the Defendant searched from the Defendant’s house located in Seo-gu B and the Defendant’s house located in Seo-gu, Seo-gu, Seocheon-gu, and D site to “YY-gu Y-Y-Y-Y-Y-Y-Y-Y-Y-S-Y-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement, internal investigation report (a copy of the CD record attached), copy of the internal investigation report (a document attached to the G subscription and user specific data, etc.), 210 CD images of the Atopy photo;

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 the selection of punishment for a criminal offense

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

1. Where a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obliged to submit basic personal information to the head

The proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse, and the Welfare of Persons with Disabilities Act.

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