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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From February 27, 2020 to March 11, 2020, the Defendant posted a notice on the Defendant’s house located in Daejeon-gu, Daejeon-gu, stating that B sold child pornography by means of title B, etc., B sent KRW 50,000 as the purchase price for child pornography to the Gwangju Bank Account (Account Number D). The Defendant sent KRW 50,00 to B under the name of Gwangju Bank Account (Account Number D). The Defendant sent B’s address where child pornography is stored to the Defendant’s twitter, and then sent B’s address where child pornography is stored to the Defendant’s twitter, connected to the above E’s address, and sent 250 children’s obscene videos, such as the list of crimes, as described in the attached list, to the Defendant’s cell phone.
As a result, the Defendant possessed obscene materials with the knowledge of child and juvenile pornography.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police officer under B;
1. A criminal investigation report (suspect F, A deposit details), investigation report (in the course of digital evidence analysis), copy of Twitter message;
1. Application of the protocol of seizure and the statutes on the list of seizure;
1. Article 11(5) of the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and the choice of imprisonment with prison labor as to the crime
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act; Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;
1. The reason for sentencing under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Welfare of Persons with Disabilities Act is that the Defendant purchased and held a child’s obscene material on three occasions, and that the offense is bad. The above purchase of a child’s obscene material is inducing a child’s sexual exploitation, which is punished during the production and production process.