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 February 24, 2020, the Defendant: (a) sent a message to sell obscene materials appearing by children and juveniles, such as “D” and “E,” by accessing the Defendant’s mobile phone at the Defendant’s residence in Seongdong-gu Seoul building and C; and (b) received KRW 50,00 PIN code from the right of cultural products by sending a message; and (c) possessed KRW 4,875 of obscene materials, such as obscene materials indicated in the attached list of crimes, such as the form of female children and juveniles’ self-defense, by using F-connection.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of the list of 74 persons subject to search and seizure in relation to the purchaser of child sexual exploitation video containing the defendant's statutory statement, and the investigation report of the defendant's obscene materials and video files containing the defendant's purchased obscenity (such as sales method of child sexual exploitation video confirmed by seller G and

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), which applicable to the relevant criminal facts and intends to select a sentence,

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. One month to one year from imprisonment with prison labor within the applicable range;

2. Determination of sentence [Incompetence] as to a crime of possession of obscene materials for children or juveniles is a serious crime of social harm, such as providing incentives to a crime of sexual exploitation, such as production of obscene materials for children or juveniles, and distort the sexual consciousness of people who watch and listen to such obscene materials, and thus, it is necessary to strictly punish them.

The defendant's purchase of child or juvenile pornography after paying the price and carrying it, and in light of the fact that the number of obscene materials held by the defendant is large, the responsibility for the crime is hot.

【Ligue circumstances】