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A defendant shall be punished by imprisonment for not less than eight 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
No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.
On February 23, 2020, at around 22:57, the Defendant obtained the right to pay and connect money to “F” a secret club, which is a gathering of outstanding members, within the web website “E” through a computer in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant’s residence. After accessing the website, the Defendant received a video or video file in which multiple files, such as 544 pictures and video files recorded in the list of crimes in attached Form 2, which are linked to a bulletin board, are combined, from which he/she was aware that he/she was a child or juvenile pornography, and received the “G” file with the knowledge that it is a child or juvenile pornography.
Summary of Evidence
1. Statement by the defendant in court;
1. Each investigation report (such as the suspect A’s specific circumstances, etc.; the process of searching electronic information extracted by the suspect HPC; specified material for children and juveniles; the course of establishing a club F; the course of joining the clubF; the method and characteristics of joining the club; and the F’s file download history);
1. 아청 물 스냅 샷 CD 1장
1. All copies of the D/I records distributed in F;
1. Application of existing Acts and subordinate statutes on electronic information (Evidence 1) extracted from a suspect APC that has been seized;
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 main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Possession of obscene materials for the reason of sentencing under Articles 48(1)2 and 48(3) of the Destruction Criminal Act is highly likely to be subject to criticism in that it provides incentives for the production and exploitation of obscene materials by children and juveniles, and at the same time causes other sex offenses against children and juveniles, at the same time causes them.
However, the defendant.