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(영문) 수원지방법원 2021.03.25 2020고단8138
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:37 January 19, 2020, the Defendant: (a) using a cell phone, etc. from the Defendant’s residence, the title “F” in the Internet Social Network Services (SNS) Twitter; (b) discovered that D and E sell child or juvenile pornography, etc. with children and juveniles’ body or self-deflations, etc.; (c) sent online KIN number of KRW 50,00,00 to D and E around that time, with the name “F” in the Internet Social Network Services (SNS); (d) “F 60 equipment, such as G, H, I, and I, in full or in part, during the purchase; and (e) “B.0” in the form of “3.0 discount event at the time of purchase; and (e) sent online KIN number of KRW 50,000,000 to D and E; and (e) sent the Defendant’s mobile phone links with children, juveniles, or juveniles, or any other person or representations clearly perceived to cause sexual humiliation or aversion to the general public.

Summary of Evidence

1. The application of the Act and subordinate statutes to the defendant's legal statement to the investigation report (No. 1,14, 18, 21, 27) on the issuance of a copy of the police interrogation protocol three times against the defendant's three-time suspect interrogation protocol, printed materials of the telegraph, printed materials of the telegraphter, evidentiary materials with obscene materials of children and juveniles, and the output of evidentiary materials (Evidence No. 1, 14, 18, 21, 27 of the evidence list)

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

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1501, Nov. 26, 2019) exempt from an employment restriction order;

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