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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.
On February 23, 2020, the Defendant, at Yongsan-gu, Yongsan-gu, Seoul, the Defendant’s residence, obtained the right to pay and connect money to “E” a secret club, a gathering of outstanding members, within the web lower-site “D” operated by C using a computer, and then continued to receive and download the files of “F” in which many files, such as pictures or video files recorded in the list of crimes in the attached Form No. 2, 544, in which children and juveniles’ body were exposed to the bulletin board, were combined, with the knowledge that they were children and juveniles’ obscene materials.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on investigation into the police suspect interrogation protocol against the accused (the suspect A specific circumstances, etc.);
1. Details of the download extracted from the web dB server, and member information;
1. Account details remitted to the operator of a club by the person under consideration;
1. Communications data on IP used at the time of committing the crime;
1. A report on the results of analysis of digital evidence;
1. A protocol of seizure and a list of seizure;
1. Investigation report (E’E’ file download history), and details of notices posted by a person who is exposed to a club E;
1. Investigation report (specific as children or juveniles' sexual exploitation);
1. A copy of the investigation report (a copy of child or juvenile confirmation from among the sex exploitation materials circulated in theG);
1. A list of files for child or juvenile sex exploitation;
1. Investigation reports (the details of the establishment of the club “E”, methods of admission, and characteristics thereof);
1. Investigation report (for the purpose of using the club “E”, method of downloading);
1. Application of all Acts and subordinate statutes of C and H’s copies of video records distributed in E;
1. Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020) (amended by Act No. 1738, Jun. 2, 2020) on criminal facts
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture or an order to provide community service;
1. An order to restrict employment;