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(영문) 서울서부지방법원 2021.01.27 2020고단3887
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
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 a period of two years 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.

On February 23, 2020, the Defendant, at Yongsan-gu, Yongsan-gu, Seoul, the Defendant’s residence, obtained the right to pay and connect money to “E (F)” a gathering of outstanding members of the web website “D” operated by C using a computer, and continued access to the website after having access to the website, and had combined multiple files, including 544 photographs or video files on which the body of children and juveniles, etc. recorded in the list of crimes in attached Form No. 2, which is up to the bulletin board, were recorded, with knowledge that they were obscene materials for use by children and juveniles, the Defendant used “G” files on the computer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (such as the process of searching electronic information extracted from suspect Anpt North Korea, the developments leading up to the establishment of the club “E”, the method and characteristics of admission, specific child and juvenile sex exploitation, and the record of the file download of the “E”;

1. G-related CD;

1. Application of all Acts and subordinate statutes to H and I copies of the records distributed in E;

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 Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 202)

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

1. The possession of obscene materials for the reason of sentencing under Articles 21(2) main text and 21(4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Ordering to Attend the community service order and Order to attend the lecture is highly likely to be subject to criticism in that it causes other sex offenses against children and juveniles at the same time as it provides incentives for the production and production of obscene materials.

However, it appears that the defendant shows an attitude against the confession of the crime of this case, and that he purchased obscene materials and did not spread them again.

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