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(영문) 대전지방법원 천안지원 2021.01.27 2020고합296
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
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

Punishment of the crime

On March 8, 2019, the Defendant connected to Asan-si Btel 4, Asan-si Btel D, and posted a notice to enable C to download children and youth exploitations, thereby accessing “F link” to “G”, which is a child and youth exploitations, including a video file, and kept a total of 193 children and youth exploitations, from around that time to July 30, 2020, the Defendant kept them in his/her G account in use.

As a result, the defendant possessed a child or juvenile exploitation.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on evidentiary materials with an investigative report (in the event of the commencement of an investigation and the attachment of relevant documents), a copy of the list of files held by each account (A), a criminal investigation report (in the event of an investigation), evidentiary materials, etc. from the suspect's cell phone to the suspect's cell phone, an investigation report (in the event of an investigation and attachment of a list of crimes and crimes), a list of crimes (A), a criminal investigation report (in the event of revision of a list of crimes), a compressing

1. Article 11 (5) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's Crimes

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 59-3 of the Welfare of Persons with Disabilities Act [the defendant's age, occupation, family environment, social ties, etc.] of the proviso to Article 59-3 of the Act on the Protection of Persons with Disabilities, which is exempted from an employment restriction order, can have an effect to prevent re-offending even by registering personal information

In full view of the profits expected and the effects of the employment restriction order, the degree of disadvantage to the defendant and the expected side effects, there are special circumstances in which the employment restriction should not be imposed.

[Determination]

The reason for sentencing 1.

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