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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 becomes final and conclusive.
Reasons
Punishment of the crime
On November 27, 2019, the Defendant, at the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, written comments to the effect that C selling child or juvenile pornography to Defendant’s cell phone, sells child or juvenile pornography posted in Twitter and telegram, and issued 20,000 won of cultural product rights to the above C and received 110 video files totaling of 110 video files connected to D links sent by the said C, which were sent by the said C, as shown in the list of crimes.
Accordingly, the Defendant possessed child or juvenile pornography.
Summary of Evidence
1. Records of seizure of the defendant's legal statement, police records, list of seizure and digital evidence analysis report;
1. Application of Acts and subordinate statutes of the report of internal investigation (number 1, 3) and the report of investigation (number 10)
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 imprisonment with prison labor for the crime
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the said Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The grounds for sentencing under Article 2 and Article 56(1) main sentence of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are as follows: (a) the number of obscene materials for children and juveniles in this case is large; (b) the contents thereof seriously interfere with protecting children and juveniles from sex offenses against sex offenses and helping children and juveniles grow into healthy members of society; and (c) the Defendant’s responsibility is heavy.
However, in consideration of the fact that the Defendant recognized his mistake and that it is difficult to find the material in this case, the Defendant’s age, occupation, and health.