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(영문) 인천지방법원 2021.01.27 2020고단10217
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On March 11, 2020, the Defendant visited “C” by using a computer at the Defendant’s residence located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and kept the Defendant’s cell phone and the Defendant’s cell phone and the Defendant’s cell phone and the Defendant’s cell phone and the Defendant’s cell phone and the Defendant’s cell phone and the Defendant’s cell phone and the Defendant’s cell phone were kept, as indicated in the attached crime list, with obscene images, where children and juveniles appeared, such as the video and the Defendant’s sexual intercourse with children and juveniles, from January 9, 202 to May 25, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. D에 대한 각 경찰 피의자신문 조서 각 압수 조서, 각 압수 목록 범죄 일람표( 스냅 샷 포함) 법령의 적용

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), the selection of punishment for imprisonment, and the selection of punishment for a crime

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

1. The order to attend a lecture and the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 21(4)1 and 48(1)2 of the Criminal Act, and Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Welfare of Persons with Disabilities Act [the defendant] is a person who has no record of criminal punishment other than the crime of this case, and is subject to the crime of this case.

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