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(영문) 울산지방법원 2020.12.10 2020고단3093
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 27, 2019, the Defendant sent KRW 2.10,00 to D (Twitter E) who is a seller of obscene materials used by children and juveniles by accessing the Internet Meet (hereinafter “Meet”) via computers at the Defendant’s own room located in Ulsan-gu B and C, Ulsan-gu, U.S. around December 27, 2019, and as a result, received a link with obscene materials which can receive from the aforementioned D a video, etc. which is a child or juvenile’s act of self-defense.

On January 1, 2020, the Defendant, at the domicile of the Defendant’s parent located in F4th, in the Southern-gu Incheon Metropolitan City’s Republic of Korea, was downloaded with the territory of “G” and “H” containing video images, such as using a computer, accessing the said computer to the Round link, and making a woman, who is a child or juvenile, in booms.

As a result, the Defendant possessed obscene materials for children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the analysis of digital evidence;

1. Each output;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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;

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

1. In full view of the following factors: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act, including the background leading to the instant crime; (b) the content and quantity of obscene materials held by the Defendant; and (c) the age and environment of the Defendant; and (d) the circumstances after the crime, the sentence against the Defendant

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The exemption from employment restriction orders shall be for the protection of children and juveniles against sexual traffic.

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