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.

Punishment of the crime

On November 7, 2019, at the Defendant’s residence located in B apartment C in Seoul Special Metropolitan City, Nowon-gu around November 2019, the Defendant paid virtual currency in contact with the Defendant who sells child or juvenile pornography through the telegram, received a transmission of child or juvenile pornography, such as a child or juvenile’s sexual photo or video, and stored in the Defendant’s cell phone (gallonos 9, SM-G965N) and D account (E), and possessed a total of 3,798 child or juvenile pornography, such as the list of crimes, from November 1, 2019 to February 27, 2020.

Summary of Evidence

1. Court statement, investigation report (the result of execution of a warrant of arrest, seizure, search and inspection) and site photograph of the defendant;

1. Application of investigation report (verification of the circumstances to purchase a suspect A’s sexual exploitation video) and closure photograph Acts and subordinate statutes;

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 a sentence on criminal facts

1. Article 62 (1) of the Criminal Act;

1. The possession of child or juvenile pornography for the reason of sentencing under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019), Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons, is likely to seriously distort the sexual awareness of the users of the given obscene material, and further, it is likely to be criticized in that the production and production of obscene material would cause other sex offenses against children and juveniles.

However, the fact that the defendant acknowledges the crime and commits a mistake, and the defendant is the first offender who has no record of criminal punishment.