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(영문) 서울북부지방법원 2020.12.18 2020고단4420
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 8, 2020, the Defendant, at around 16:36, 2020, kept 34 video images (electronic name: d.zpe) containing the appearance of female and female children to put clothes at a dormitory using a trent program, a file sharing program, using computers installed therein, and carried a child or juvenile pornography.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement, internal investigation report (the confirmation of the appearance of a victim and a copy of a statement of statement (the statement) and internal investigation report (the spread of unlawful video recording in D) shall apply;

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) and the selection of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

1. The possession of obscene materials for the reason of sentencing under Article 21(2) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) of the Act on Welfare of Persons with Disabilities is likely to seriously distort the sexual awareness of the users of such obscene materials; further, the act of producing obscene materials and producing obscene materials and causing other sex offenses against children and juveniles at the same time.

Provided, That the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognizes a crime and reflects the mistake; (b) the first offender who has no record of criminal punishment; and (c) the defendant’s age, character and conduct; (d) the environment; (e) the circumstances after the crime; and (e) the conditions for sentencing specified in the arguments and records.

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