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A man in his 20s who purchased sexual exploitation from the doctor's room and room N was acquitted of illegally filming more than 200 scenes of sex with a minor.
This is because the court accepted the defendant's claim that the police's collection of evidence was illegal.
According to the legal community today (23rd), the 1st Criminal Division of the Cheonan Branch of the Daejeon District Law (Presiding Judge Seo Jeon-gyo) was charged with possession of sexually exploited material and the production and distribution of pornography (violation of the Act on the Protection of Children and Adolescents). He was sentenced to 10 months in prison and two years of probation.
However, he was acquitted on charges of producing and distributing pornography (violation of the Act on the Protection of Children and Youth) that were additionally revealed during the police investigation.
The police, who were investigating the case of sexual exploitation in the doctor's room and room N in 2020, confirmed that Mr. A purchased the file in February 2020, and obtained a search and seizure warrant to secure Mr. A's cloud.
In this cloud, there were 661 data supporting the allegation of purchasing and possessing sexual exploitation related to the doctor's room and room N.
In addition, 206 videos that were illegally filmed while having sex with a girlfriend of the same age in 2014 when A was 17 years old were also found.
The police also applied the charges of producing and distributing pornography to the additionally discovered illegal filming of minors and handed the case over to the prosecution.
However, Mr. A, who was brought to the court, claimed not guilty, saying, 'The police illegally collected evidence.'
It was said that a separate search and seizure procedure was required because it was a crime on a different charge from the charges listed in the search and seizure warrant for the purchase and possession of sexual exploitation related to the doctor's room and room N, but the police did not receive an additional warrant.
The court said, "Recognizing that the charge of making pornography is distinct from the charges listed in the search and seizure warrant, but not issuing a separate search and seizure warrant is an illegal search and seizure, and the degree of violation of the procedure is serious." I raised my hand.
He also acquitted the charges, saying, "There is no evidence to prove the investigation report based on the evidence collected illegally, and there is no evidence to prove the indictment among the evidence that has not been rejected."
In addition, the court said, "The guilt is not light in that the harm to society as a whole, such as providing an inducement to crime, is serious," regarding Mr. A's possession of child and adolescent sexual exploitation materials. He stated the reason for the sentencing.