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(영문) 수원지방법원 2021.01.14 2020고합651
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess or watch any child or juvenile exploitation with the knowledge that such child or juvenile exploitation is the subject matter.

Nevertheless, at around 01:53 on July 12, 2019, the Defendant visited a D’s bit gram page with which he/she can download children or juveniles exploitation water using mobile phones from Suwon-si B and C, Suwon-si, Suwon-si, the Defendant: (a) connected the D’s “F room,” which is a female child or juvenile, who is a victim of the “F room,” and combined with 196 video files containing images, i.e., e., images and photographs, and 196 combined; (b) stored the Defendant’s external hard disc, including those stored in the Defendant’s account; and (c) contacted the Defendant with the entire or a part of the Defendant’s sexual humiliation, i.e., the Defendant’s act of causing a sense of sexual humiliation from around that time to August 21, 2020 with the same method; and (d) made the Defendant’s act of causing sexual humiliation to children, juveniles, or children or children, and causing sexual humiliation to the general public.

Summary of Evidence

1. Protocols of seizure and search of the defendant's legal statement;

1. The application of Acts and subordinate statutes of two or six internal investigation reports (Evidence Nos. 33 through 37 of the evidence list) and each investigation report (Evidence Nos. 7, 8 of the evidence list) on the record of the case accused against the violation of the ASEAN;

1. Article 11 (5) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's Crimes

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act (the defendant shall be the same);

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