아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
1. On June 21, 2019, at around 08:27, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession), the Defendant: (a) had a sexual intercourse with the victim E (a child, juvenile, 18 years old); and (b) had a sexual intercourse with the victim E (a child, juvenile, 18 years old); and (c) had a sexual intercourse file searched with the victim E (a family name, female, 18 years old) and D’s sexually related video images stored in the relevant place by searching the gallon file using the gals in which D was locked and became aware that he/she had a child or juvenile pornography with knowledge that he/she was a child or juvenile pornography; and (d) had a sexual intercourse with D’s gals, which were stored in the relevant place.
2. The Defendant attempted to bring money by threatening the Victim G, his father, who is the father of E, in holding the sexually related video images of E in a cellular phone as above.
On November 17, 2019, the Defendant called the victim via public telephone (I) at H of Gwangjubuk-gu, Gwangju Metropolitan City on November 17, 2019, and threatened the victim “I will delete one million won without entering it into a broadcast, because his father and wife have a dynamic image that is a male-friendly and sexual relationship.”
On November 19, 2019, at around 23:30 on November 23:30, 2019, the Defendant, upon receiving a report from the victim, did not arrest the police officer dispatched, and did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to D in the suspect interrogation protocol of the defendant and D against the police;
1. Each police officer's statement of G and E;
1. Application of Acts and subordinate statutes on digital evidence analysis data;
1. Article 11 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020) concerning criminal facts and the selection of punishment.