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(영문) 대구지방법원 2020.12.18 2020고합413
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 25, 2019, the Defendant: (a) up to September 25, 2019, on the Internet Twitter, etc., posted a notice to sell a child or juvenile sexual exploitation; and (b) taken a link address with which the seller transfers the purchase price of KRW 30,00 to the seller; (c) obtained a link address with which the child or juvenile sexual exploitation can be downloaded; and (d) possessed a total of 474 photographs or visual images as shown in the attached list of crimes, including photographs to which the primary school students or middle school students, etc. look at the child or juvenile sexual exploitation, and possessed it around June 23, 2020, with the knowledge that it was a child or juvenile sexual exploitation.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the statutes on records of seizure, reports on the analysis of digital evidence of seizure lists, certificates of electronic information, details of remittance of transaction amounts, and the submission of seizure warrant and replies data;

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Overall Control) Article 53 and Article 55(1)3 of the Criminal Act for the mitigation of discretionary mitigation of criminal facts (a favorable circumstances among the reasons for sentencing as set forth below) Article 62(1) of the Criminal Act for the Suspension of Execution (a) of the Criminal Act for the reason for sentencing under Article 62(1)2 of the same Act for forfeiture of a favorable condition among the reasons for sentencing

1. The crime of this case where an order to disclose and notify information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is not a "sexual crime against children or juveniles" among "sex crimes against children or juveniles," and in principle, the Defendant is not a person subject to an order to disclose and notify personal information under Articles 49(1) and 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020) but is not a person subject to an order to disclose and notify personal information under Articles 49(1) and 50(1) of the same Act.

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