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(영문) 수원지방법원 안양지원 2018.01.26 2017고합120

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

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

When seized gallon, S5 1 (No. 1) shall be forfeited.

For the defendant.

Reasons

Punishment of the crime

On September 24, 2016, the Defendant was installed with a c’s mobile phone display, and the Defendant wanted to talk with the c’s mobile phone display around September 24, 2016, and around 01:00 on September 24, 2016.

The message was sent by an official dump to the victim’s D (at the age of 14) by sending the text message “I good, good,” and became a conversation with the victim’s D.

At that time, the victim was using the conversation name "E", and the defendant was from the victim on the same day at around 01:32 on the same day, and the defendant was able to do so.

Inasmuch as “the victim received the message,” the victim was well aware of the fact that he/she was a child or juvenile.

1. On September 24, 2016, the Defendant sent G message to the victim D (V, 14 years of age) who is a child or juvenile on the Defendant’s mobile phone at the Defendant’s home located in his/her cell phone, where he/she violated the Act on the Protection of Children and Juveniles from Sexual Abuse (production, distribution, etc. of obscene materials) and the Act on the Protection of Children’s Juveniles from Sexual Abuse (inception, sexual harassment, etc. against a child), and at the Defendant’s home located in the 103 dong and 1108 dong and 108;

In the same manner from that time to 02:01 on the same day, the victim immediately had the victim photograph the chest part of the victim’s chest with a photograph. [Attachment] The victim sent G message in the same manner as indicated in the list of crimes and had the victim take sexual harassment against the victim, and had the victim take photographs of the body, such as the victim’s chest, sound, telegraph, and telegraph, etc., and then produced child and juvenile pornography by transmitting the victim’s chest, sound, telegraph, and telegraph, etc. to G message and storing them in the Defendant’s cell phone at around that time.

2. On September 24, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (competence) was sent to the victim by having the victim photograph the photographs showing the face and body together, such as paragraph (1), at the same place as Paragraph (1) from around 02:05 to 05:30, and then transmitted to the victim.