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(영문) 수원지방법원 평택지원 2021.01.28 2020고단2158
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2020, C, who is a seller of child and juvenile pornography in the Defendant’s residence located in Gwanak-gu in Seoul Special Metropolitan City, was detained on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials), etc. on April 17, 2020, the Defendant was sentenced to imprisonment with prison labor for six years on December 21, 2020, and is still serving in the appeal court (the Suwon District Court 2021No 238).

The term "D" was changed to "child and juvenile pornography" in accordance with the Act on the Protection of Children and Juveniles against Sexual Abuse, as amended by Act No. 1738, Jun. 2, 2020 under the Act on the Protection of Children and Juveniles against Sexual Abuse as follows: (a) a child and juvenile E (the 15 years of age, the 15 years of age, and the 15 years of age) a obscene material (mp4): a child and juvenile pornography was transmitted and stored and possessed in the Defendant's SD card; and (b) a total of 1,125 children and juveniles pornography as indicated in the list of crimes in the attached Form, as amended by Act No. 1738, Jun. 2, 2020.

B The transmission was received from C and the lawsuit was filed.

Summary of Evidence

1. The application of Acts and subordinate statutes that provide a report (SD card) on internal investigation by the defendant in his/her legal statement (the identification of the virtual cash and electronic fingerprint address used in the sales proceeds of his/her office, etc.), investigation report (the analysis of the transaction records of his/her office accounts) (the suspect A) on digital evidence analysis, and a report (SD card) on the results of digital evidence analysis;

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 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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be exempted from an employment restriction order under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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