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(영문) 대구지방법원 2020.12.18 2020고합451
아동ㆍ청소년의성보호에관한법률위반(성착취물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

Punishment of the crime

Since 2016, the Defendant was aware that the program was used in C’s program and was distributed simultaneously with the file downloading.

1. Around 13:54 on July 17, 2020, the Defendant implemented the C program, which is a file sharing program, at around 13:54, around 13:06, the Defendant distributed three of the three children and juvenile sex exploitations, including “(1) E, (2) F, and (3) G, in which female children and adults have sexual intercourseed,” and at the same time, sent them to many unspecified persons, at the same time and at the same time. 2. A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of sexual exploitations) on the Protection of Children and Juveniles against Sexual Abuse (the “1), E, F, and (3) G, in which female children and adults who have been downloaded as described in paragraph (1) are exposed to sexual intercourse, with the knowledge that 3 children and juveniles have sexual intercourseed up to July 17, 200.”

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the analysis of the defendant's statutory statement C dissemination, a report on seizure, and a report on internal investigation of the seizure list;

1. Article 11 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of sex exploitations of children and juveniles) and Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of sex exploitations of children and juveniles) concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 [Article 37 of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of Sexual Exploitation)]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Order to attend a lecture under Article 62(1) of the Criminal Code (hereinafter referred to as the following grounds for sentencing).

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