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(영문) 서울중앙지방법원 2019.08.12 2019고합300

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On October 2015, the Defendant: (a) instructed the victim D, who is a child or juvenile, (i) who was aware of the number of rooms of the Seocho-gu Seoul (hereinafter referred to as Seocho-gu Seoul and its trade name) at a guest room where it is impossible to identify the number of rooms; (b) taken a bridge in the state of body; and (c) stored the victim’s sound part of the body by photographing the DoSLR camera as indicated in the attached list of crimes; and (d) stored the victim’s sound part of the body on nine occasions from February 2013 to November 16, 2018.

Accordingly, the Defendant produced child and juvenile pornography at least nine times.

2. On October 2015, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act against the victim as a child or juvenile by forcing the victim to use the victim’s satis in a guest room where it is difficult to know the number of rooms of the Seocho-gu Seoul Seocho-gu (hereinafter referred to as “the Seocho-gu”) and its trade name, and at the guest room where it is difficult to identify, the victim as stated in the above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the victim D;

1. Each police statement made to the victim E (alias) and F;

1. Investigation report (Explosion of evidence No. 8) (Explosion of evidence No. 8), investigation report (Evidence attached to victims who have indicated the facts constituting the crime in the warrant of detention), investigation report (in addition, investigation of victims - additional crime - telephone conversations of victims), investigation report (victim G telephone conversation), and

1. Application of 8 heading 8, usb reproduction Acts and subordinate statutes to the H-f course photographs, additional victim photographs, victim photographs, victim photographs and seized articles;

1. Crimes in the sequence 1 through 3 of the list of crimes listed in the corresponding Article of the relevant Act and the judgment of the choice of punishment against the crimes: The protection of children and juveniles against sexual traffic of each of the former.