아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
A defendant shall be punished by imprisonment for not less than two years and six months.
A seized camera (No. 4) shall be confiscated.
(b) the defendant;
Punishment of the crime
The defendant came to know through the victim B (the 12-year old age) and Internet hosting.
1. Around February 24, 2020, the Defendant made a production of child or juvenile pornography using the Defendant’s residence in Boan-si, the Defendant, using the Defendant’s Kakakao Kakao Kakao Kakao Kakao Kao, which is a smart camera, to request the victim to take pictures of his/her sexual organ and send it to the victim while communicating with the victim, and the Defendant was transmitted his/her sexual organ from the victim to April 4, 2020, as shown in the separate list of crimes, at least seven times in total from the above date to April 4, 2020.
2. Violation of the Child Welfare Act (Child’s coercion, intermediary, sexual harassment, etc.) requested the victim to photograph and send the sex and chest to the victim at the same time and place as the above paragraph (1) in the same manner as in the above paragraph (1), thereby allowing the victim to take photographs exposed to the sex and chest, and making the victim take pictures of the sex and chest, and have the victim take pictures of the dynamic image to take them, and have the child engage in sexual abuse, such as having the child do obscene acts or arranging such acts.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Application of Acts and subordinate statutes to each investigation report (victim B's mobile phone evidence analysis and replies, results of digital evidence analysis of seized articles);
1. Article 11(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Article 71(1)2 of the Child Welfare Act, and Article 17 subparag. 2 of the Child Welfare Act (amended by Act No. 1738 of Jun. 2, 2020; hereinafter referred to as “child or juvenile pornography”) (amended by Act No. 17338 of Jun. 2, 2020);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.