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(영문) 의정부지방법원 고양지원 2017.02.22 2016고단3425
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, from June 2014 to September 11, 2016, the Defendant continued to store 219 children and juveniles’ obscene materials from the Defendant’s house located in Gyeonggi-si B, to the Defendant’s mobile phone by accessing NAVB, etc. with obscene materials jointly used by children and juveniles, and downloading them to the Defendant’s mobile phone (hereinafter “Seoyang Li”) (hereinafter “Seoyang Li”) 11, a child and juveniles’ obscene materials, including 219 children and juveniles’ obscene materials, and a total of 1,131 children and juveniles’ obscene materials, including 1,131 children and juveniles’ obscene materials, connected to the Defendant’s mobile phone.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Requests for cooperation in affairs related to international cooperation and investigation, and directions related to investigation;

1. Application of Acts and subordinate statutes to photograph by capturing a mobile phone;

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides for relevant legal provisions and punishment for the crime. Article 11 (5) of the same Act (Selection of Penalty)

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The punishment shall be determined by taking into account all the factors of sentencing indicated in the record, such as the defendant's age, occupation, sex, family relation, motive, means and consequence of the crime, circumstance before and after the crime, etc., and the fact that there are many obscene materials in possession and the contents are not good that may cause sexual assault against the child:

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