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(영문) 대구지방법원 경주지원 2021.01.14 2020고합64
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 9, 2020, the Defendant possessed 1,947 children and juveniles sexual exploitations as shown in the list of crimes in the attached Form, including the possession of a photograph file, 15423931310.jp file, which is a photograph file, which causes sexual humiliation or aversion of the general public, by exposing all or part of the body due to the appearance of children and juveniles around September 9, 2020, by storing it in B’s account (name C) that he/she uses.

Summary of Evidence

1. As a result of the analysis of the digital evidence of the Defendant’s legal statement seizure protocol and list of seizure list, the report B response data, pools, A’s subscription information, and child and juvenile sexual exploitation files stored in the A’s B account, the file list stored in the A’s B account, the files file list, D dialogues and photographs of evidence, A’s PC and other screen pictures, the records of the mee-mail report (report on the commencement of internal investigation), the investigation report (the indication of the B link address reduction, the list of suspect B’s account exploitations, the results of the execution of the search inspection warrant No. 2020-1772, and the results of the analysis of digital sirens of seized articles);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the relevant crime is committed;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing have been repeatedly taken into account)

1. The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act (the defendant is a primary offender, the defendant’s age, occupation, family environment, social relationship, etc.) can prevent the recidivism of the defendant merely by registering personal information of the defendant, providing community service, and taking lectures of sexual assault treatment;

b) appears;

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