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.

Punishment of the crime

On May 12, 2019, at a place where a place is unknown, the Defendant visited “B” by using a mobile phone, and received a link to which C is capable of downloading a child’s sexual exploitation, and possessed a total of 190 obscene files, such as a child’s body image, from around August 10, 2020, by receiving a total of 190 obscene files, such as a child’s body image, from that time, until August 10, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (related to specific circumstances and whereabouts of the suspect);

1. A report on the results of analysis of digital evidence in possession of a file for each account, records of seizure, records of North Korea's administration related to the suspect of the list of seizure (D accession date, mail subscriber, mobile phone subscription information), and records of analysis of digital evidence of the list of files held by each account;

1. Application of Acts and subordinate statutes to data to close a sexual exploitation;

1. Article 11 (5) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's Crimes

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020) amended to expand crimes subject to disclosure order and non-disclosure order and notification order from “sexual crimes against children and juveniles” to “sexual crimes against children and juveniles” cannot be applied to the crimes of this case committed by the defendant prior to the enforcement of the above Act pursuant to Articles 1 and 3 of the Addenda (amended by Act No. 17282, May 19, 2020).

Although the crime of violation of the Act on the Protection of Children’s Juveniles from Sexual Abuse constitutes “a sex offense against a child” as prescribed by Article 2 subparag. 2 of the Act on the Protection of Children’s Juveniles from Sexual Abuse, it does not constitute “a sex offense against a child” as prescribed by Article 2 subparag. 3 of the said Act.