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(영문) 청주지방법원 2020.11.13 2020고합166

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

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. The Defendant committed the crime against the victim B by photographing the body of the victim, etc. using the Internet “C” channel around November 2019 to produce child and juvenile pornography. Around November 2019, the Defendant taken the victim’s body, etc. using the Internet “C” channel.

In violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of child or juvenile pornography) the Defendant accessed the victim’s residence in the Chungcheong-gun D apartment, and the Defendant’s residence, and sent the victim a message, such as “I wish to report his/her body pictures,” thereby allowing the victim to directly photographed or photograph his/her chest and sexual flag through a smartphone, and transmit the photographed file to the hosting room on January 7, 2020 and January 12, 2020, by allowing the victim to directly photographed or photograph his/her secret or sexual flag through a smartphone.

Accordingly, the Defendant produced obscene materials for children and juveniles.

(b) No person who violates the Child Welfare Act ( forced to make a child engage in sexual harassment, etc.) shall have a child engage in obscene acts or intermediate such acts, or have a child engage in sexual abuse, such as sexual humiliations, etc. that cause a sense of sexual humiliation;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, had the victim, who is a child, take images or photographs of his or her chest and sex, etc. exposed three times through smartphones, and sent such pictures to the hosting room, thereby having the child engage in sexual abuse.

2. The Defendant committed the crime against the Victim F and the Victim G is under the victim F (name, leisure, age 20), the victim G (age 20), and the alcohol at the “I” drinking house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju on May 24, 2020.