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(영문) 서울동부지방법원 2020.12.11 2020고합256

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On January 2019, the Defendant came to know of the victim B (a child and juvenile) who is a child or juvenile through the “dice code”, which is a hosting display method, and carried out hosting with the victim and he/she was he/she, and he/she was he/she he/she he/she he/she he/she he/she he/she

2. From the first police officer, the first police officer had the victim do video hosting.

1. A defendant who violates the Child Welfare Act (voluntary coercion, intermediary, sexual harassment, etc. against children), or violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) from April 2019 to the same year;

9. During the first-aid period, the Defendant sent the victim with the video hosting “DPC room” located in Seongdong-gu Seoul Metropolitan Government, saying, “the chest show her chest.” The Defendant sent the victim’s chest to the cell phone by having the victim see her chest by entering the world, taken the above video hosting room, which appears in the computer monitor, and the victim stated that “the victim shows the sound for the victim to walk her clothes,” and then asked the victim “I see whether I would have done her own act or not,” and then, she added the victim’s answer to the victim “I am am humba.” from the victim, who heard the victim’s answer, “I am am humba and her fingers,” and “I am am humba, I am the victim’s finger.”

The act of self-defense has been conducted in a manner of deduction, and the above video-rating page, which appears in the computer monitoring, was taken as a mobile phone.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation, or produced obscene materials using a child or juvenile.

2. No person who is in possession of obscene materials under the Act on the Protection of Children and Juveniles against Sexual Abuse shall possess them knowing that they are obscene materials using children or juveniles;

Nevertheless, the defendant taken photographs, etc. of the victim's chest, sound, etc. produced in accordance with paragraph (1) from around that time. < Amended by Presidential Decree No. 24839, Oct. 1, 2019>