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(영문) 대구지방법원 2020.12.11 2020고합414
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for 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 September 29, 2019, the Defendant: (a) around the residence of the Defendant in Daegu Suwon-gu, the Internet Twitter, etc. puts up a notice to sell children and juveniles’ sexual exploitation; and (b) intended to buy it; (c) transferred the purchase price of KRW 7,00 to the seller; (d) obtained a link address to receive children and juveniles’ sexual exploitation; and (e) held 30 photographs or video works in total, as shown in the attached list of crimes, including photographs, etc., of which young children who appear to be elementary school students or middle school students, etc., and were downloaded with them by July 7, 2020, with the knowledge that they were children and juveniles’ sexual exploitation.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report on the records of seizure of the defendant's legal statement, the records of seizure list (No. 11 and 12 of the evidence list) digital evidence analysis report on the cell phone screen pictures, the details of transfer of transaction proceeds, and the statement of reply data on the warrant of seizure (Attachment of photographs on the face of the

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (generally, a prosecutor is indicted as concurrent crimes, but it is reasonable to view that the crime constitutes a blanket crime in light of the uniformity of the criminal intent, method of committing the crime, etc.

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The amended Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 17282, May 19, 2020) to extend the term “sexual assault against children or juveniles” to “sexual assault against children or juveniles.”

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