2020 Highest 3785 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscenity)

A

Freeboard (prosecution, public trial)

2020, 11, 26

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall order the defendant to provide community service for 40 hours and take lectures for sexual assault treatment for 40 hours. The defendant shall be subject to employment restrictions for each three years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Criminal facts

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

Nevertheless, around August 20, 2019, the Defendant entered the second volunteer group 32 in the area south of Gangwon-gu, Yangyang-gu, the second volunteer group 32 in the joint combat support center, with the Defendant’s mobile phone (Aphone XS Max) into the first secret 'E', which is a telegram click room, opened for the purpose of distributing obscene materials, and stored the pictures containing the form of being clearly perceived as 'F' in the above cell phone by using the automatic storage function of the said telegram clock case, from that time to February 29, 2020, the Defendant was aware that there was a total of 99 children, juveniles, or children or juveniles, who were clearly perceived as children, children, or juveniles, and the Defendant was in possession of the images such as obscenity, obscenity, etc., with the knowledge of obscenity’s act of storing and using children, juveniles, or obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place (in addition to suspects);

1. A criminal investigation report (organization of obscene materials file names, etc. held) and a list of criminal electronic information (shots and videos) attached thereto;

1. A report on investigation (the date and time of commission) and a list of annexed crimes;

1. Records of seizure and the list of seizure;

1. Details of payment of admission fees to E;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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 choice of imprisonment with labor

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service and attend lectures;

Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

The possession of child or juvenile pornography for the reason of sentencing is likely to seriously distort the sexual awareness of the users of the pornography and further, provide incentives for the sexual exploitation of children and juveniles who are punished in the course of producing and producing obscene materials, and at the same time inducing other sex offenses against children and juveniles.

However, the fact that the defendant recognized the crime and commits a mistake, and the defendant reflects the initial crime that has no record of criminal punishment, shall be considered as favorable circumstances, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.

Where a conviction of a criminal fact in the judgment that is subject to registration and submission of personal information is finalized, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 (1)

Judge Lee Jae-hoon