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(영문) 대구지방법원서부지원 2020.12.17 2020고합253
아동ㆍ청소년의성보호에관한법률위반(성착취물소지)
Text

A defendant shall be punished by imprisonment for not less than eight 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

B It is a person who led to the so-called “E” case in which children and youth exploitations are distributed to the above members, by means of threatening children and juveniles through SNS, such as Twitters, or using a deceptive scheme to protect children and juveniles by photographing pictures or videos, etc., and by means of distributing children and youth exploitations, such as D (Cudio page in which children and youth exploitations are distributed if the number of subscribers exceeds 30).

On July 9, 2019, the Defendant visited D, at an insular place established by the above B, a Cudio room established by the Defendant. On July 20, 2019, the Defendant connected the link of the F server that was posted on the above page, and the link of the f server that could download children and youth exploitations produced by B, as described in the attached list 1 through 12, connected 3,593 files of child and youth exploitations to the Defendant’s computer hybrids and SD, and possessed 261 files of child and youth exploitations, such as the attached list 13, after downloading the Defendant’s cell phone, until August 21, 2020.

As a result, the defendant possessed a total of 3,854 children and youth exploitations.

Summary of Evidence

1. Protocol of seizure and list of seizure of the police of the defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (the receipt of cases), investigation report (the extraction of the sea value and confirmation of attachment of materials);

1. Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

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