Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, from November 16, 2017 to February 26, 2018, the Defendant, as a member account of “F” within the “E” website, i.e., a child’s obscene material that is an exclusive use of child pornography, carried a child or juvenile pornography by receiving the child or juvenile pornography at least 42 times in total by downloading them, such as a list of crimes committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (No. 3 through 7, No. 19) and internal investigation report (No. 9 times a year);

1. Copy of a search and seizure inspection warrant and reply materials;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order requires comprehensive consideration of various factors of sentencing as shown in the argument of this case, including the content, size and degree of obscenity held by the defendant for the reason of sentencing, age, sexual conduct, environment, criminal records, motive, means and result of the crime, and the circumstances after the crime, etc., and determine the sentence as ordered.