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(영문) 서울북부지방법원 2021.02.04 2020고단4129
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2020, the Defendant visited the Defendant’s house located in Seoul Central Frangu B and 2, and requested the Defendant to use child and juvenile pornography on his/her bulletin board. The Defendant transferred KRW 30,000 to the virtual account of G H bank, which sent his/her number (F) via E, and C stored 1,125 children and juvenile pornography, as well as the “J” file, which is a child and juvenile pornography, through a link sent through E, as shown in the list of the daily list of crimes in the attached Table (1 to 8 rooms) of the crime list (1,125 children and juvenile pornography, and stored until March 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Domestic internal investigation reports (referring to URL link analysis transmitted to the C users), investigation reports (a verification as to whether a group of K is included in Arabics), internal investigation reports (a partial extract of the contents of K-related conversations identified in the C E “L account”), and the message closure images and internal investigation reports (a confirmation as to the addition of MP accounts used for the receipt of sales proceeds, such as Arabics);

1. 아동 청소년 이용물 스냅 샷 사진 일람 법령의 적용

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 17338 of Jun. 2, 2020) and Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 202)

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

1. The possession of a child’s obscene material for the reason of sentencing under Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019), Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59-3(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, is seriously distorted by the sexual awareness of the users of such obscene material, and also during the production and production of obscene material.

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