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(영문) 춘천지방법원 강릉지원 2018.07.12 2018고단435
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 18, 2016, the Defendant received and possessed a total of 188 children and juveniles obscene video files from the Defendant’s computer until April 16, 2017, by accessing the Defendant’s residence in Gangnam-si B, Maur 507, which is the Defendant’s computer, to a Chinese P2P website, etc., which contains images of sexual intercourse with children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Analysis of evidence;

1. Application of Acts and subordinate statutes to a investigative report (Attachment of motion pictures to video files on the list of obscene videos for children or juveniles);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The size of obscene materials of a child possessed by the defendant is significant; the defendant was punished as a fine on June 2016 by committing the instant crime even though he/she was punished as a fine on the same kind of crime: The fact that his/her mistake is divided; the fact that only one has been punished by a fine; the defendant's age, sexual behavior, environment, motive, means, and consequence; and the circumstances before and after the commission of the crime are considered as a whole; and the punishment is determined as ordered by the order.

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