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(영문) 청주지방법원 2021.01.27 2020고단2331
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

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, at around 21:52 on February 17, 2020, the Defendant deposited KRW 20,000 into D’s Nex Code “C” channel sales books for the sale of children and sexual exploitation water, and around that time, the Defendant possessed child and juvenile pornography by inserting 12 children and juvenile sexual exploitation images, such as the Defendant’s video recording in the attached list of crimes, such as fingers, writings, and breabbbing video, etc., in a state of her personal body, or by inserting her fingers, in a state of her personal body, from among the first school students and middle school students by inserting her fingers, writing, and breabbbing from the Defendant’s F account.

Summary of Evidence

1. The protocol concerning the examination of suspect B to the defendant's legal statement;

1. Application of Acts and subordinate statutes to a certificate of electronic information, a seizure protocol, an investigation report (A Search Works and Attachment, etc. of Criminal List);

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) (amended by Act No. 1738 of Jun. 2, 2020) on the basis of the relevant criminal facts and the selection of punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (3) of the Scrapping Criminal Act;

1. The proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 59-3 (1) of the Welfare of Persons with Disabilities Act (the defendant has no record of punishment for any sexual crime and thus has a risk of recidivism or recidivism of sexual assault against him/her;

In full view of the fact that it is difficult to readily conclude, the Defendant’s Na or social ties, the method and consequence of the crime, the risk of recidivism, etc., there are special circumstances in which the Defendant should not restrict employment, such as juvenile-related institutions

The reason for sentencing is the background of the case, the details of the damage, and the age, sex, environment of the defendant.

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