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(영문) 전주지방법원남원지원 2020.12.01 2020고단241
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment with prison labor 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

No person shall possess any child or juvenile pornography knowing that he/she is a child or juvenile pornography.

Nevertheless, at around 18:00 on January 13, 2020, the Defendant had access to “D”, a P2P file sharing site using a computer, at the Defendant’s residence located in BBD C, a child or juvenile pornography, and possessed 28 dynamic images, such as the list of crimes, with the knowledge that it was a child or juvenile pornography, and stored and possessed them in the Defendant’s Nowon-North Korea, with the knowledge that it was a child or juvenile pornography, from that time until April 7, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes in one copy of a photograph of internal investigation (the first 100% date and time of possession), investigation report (F), detailed list of electronic information, list of child and juvenile pornography in possession of DD DD Rab, list of child and juvenile pornography by file of a crime sight list

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 a sentence on criminal facts

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

1. In light of the following: (a) the Defendant exempted from an employment restriction order under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) and (c) the Defendant’s age, type of crime, circumstances leading up to the crime; and (d) the effect of preventing the Defendant’s disadvantage and sexual crime that may be achieved by the order of employment restriction, etc. based on comprehensive consideration of the Defendant’s age, the Defendant’s employment restrictions order; and (b) the special circumstances where the Defendant may not issue an employment restriction order to the Defendant pursuant to the proviso of Article 56(1) of the Act on the Protection of Children

The crime of this case is against the protection of children and juveniles against sexual traffic.

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