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(영문) 서울서부지방법원 2020.11.11 2020고단2940
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six 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

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

Nevertheless, around August 15, 2019, the Defendant, at the Defendant’s house located in the Mapo-gu Seoul Metropolitan Government B apartmentOOOOOOOOOO, connected the Defendant’s cell phone with an overseas SNS, and posted a notice as “E” to the above Twitter by C (one person D) a seller of child and juvenile pornography pornography,” and the Defendant’s advertisement stating that “(s) sell images, such as Mecing, Mecians, Mecing, Mecing, Mecing, Mecing, and Mecing,” and that “in order to verify the contents of the above images, the Defendant sent a telegram F channel access number of KRW 50,00 for the purchase price, and then sent a telegram number for which C stored a link with the telegram channel in which children and juveniles were stored, and stored and stored and stored in the mobile phone from 200 to 25,250 children and juveniles using the given telephone.

Accordingly, the defendant had knowledge that he/she is a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report (as a result of verification of the counter party of a seller of child pornography C and sales video products by amount, the suspect of this case purchases G child or juvenile exploitations);

1. Investigation report (Attachment to judgment of C which is a seller at least 50,000 won);

1. Application of Acts and subordinate statutes to photographs by a seller C’s copy of the record of the case of seller C, and capturing video products sold by seller C

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under the main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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