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(영문) 광주지방법원 2017.01.13 2016고합307

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 28, 2016, at the defendant's house of 202 Dong-dong 1803, North-gu, Gwangju-si, Gwangju-si, about 17:56, the defendant sent the victim's face pictures to the defendant's cell phone from the victim D (W, 2001, 16 years old) who was known through smartphone hosting display, and sent the victim's face pictures to the defendant's cell phone. The victim's photograph "to open the victim's image to the public on the Internet" was dried, and the victim's photograph and tack were sent from the victim who was frighted with the victim's side pictures and tacks, and transmitted the victim's sexual picture to the victim's cell phone.

As a result, the defendant produced obscenity by using the victim, threatened the victim to perform a non-obligatory act, and led the victim to feel sexual humiliation through the cell phone, which is a communication medium, for the purpose of meeting the sexual desire.

2. Around February 28, 2016, the Defendant committed the crime against the victim F, at the above Defendant’s house, sent the victim’s face pictures from the victim F (hereinafter referred to as “F, 199 years old, 18 years old) to the Defendant’s cell phone, and sent the victim’s face pictures to the Defendant’s cell phone. The Defendant, who was aware of the victim’s face pictures through smartphone hosting display, called “to open the victim’s photograph to the public on the Internet,” and attempted to transmit the victim’s photograph to the victim’s cell phone, but the victim refused to transmit it and attempted to receive the victim’s photo from the victim who was frighted. However, the Defendant’s sexual photograph was transmitted to the victim’s cell phone.

Accordingly, the defendant tried to threaten the victim to perform an act of non-performance of obligation.

In order to avoid attempted crimes and satisfy sexual desire, the text that causes sexual humiliation through a cellular phone, which is a communication medium, has arrived at the victim.

3. A crime against the victim G is committed on February 28, 2016 by the Defendant, at the above Defendant’s house around 18:21, 2016, and through smartphone hosting displays (n, April 201).