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(영문) 청주지방법원 2020.12.10 2020고단1989
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2020, the Defendant: (a) around 22:35, 2020, reported that a seller of child and juvenile pornography C, operating a DNA code display “D”, carried a sample photograph of a child and juvenile sexual exploitation video, which is the above hosting bank category “D,” and sentenced to purchase.

When the Defendant transfers money through a seller’s “dicot” with a seller, he/she would receive a child or juvenile pornography from the seller to receive a transmission of a child or juvenile pornography, he/she shall transfer KRW 10,000 to a bank account in the name of C (Account Number:F) and received a large amount of child or juvenile pornography, such as “G” through the said digital code-based link address.

Accordingly, the defendant had knowledge that he/she is a child or juvenile pornography in his/her own storage medium.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of all Acts and subordinate statutes to data on the screen of the B operation site and the screen of the contents of conversations between operators;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the fact that the defendant has no record of punishment for a sexual crime and thus, it is difficult to readily conclude that the defendant is in danger of recidivism of sexual assault, and that the defendant should not be restricted from employment, such as children and juveniles-related institutions, in full view of the defendant's B or his social relationship, method and consequence of the crime, risk of recidivism, etc.

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