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(영문) 창원지방법원 진주지원 2018.01.23 2017고합104

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2017, the Defendant introduced the victim E (the 10 years of age) who met through a mobile phone-making fluoring type D, within the Defendant’s house located in Jinju-si, on July 25, 2017, the Defendant introduced the victim as “F” who is one of the nine years of age, and refers the victim as “L” while carrying out a mobile phone-making fluoring and gathering. The Defendant used the victim’s recognition ability and legal knowledge compared to that of adults to commit a crime suspected of being a fluor female. Thus, if the Defendant did not first prove that she is a woman, he/she should report fluoring to the Juvenile Reformatory.

Sending a message to the effect that arnishe is a woman, sending a photograph of b body and a part of reproductive organ to certify that arnishe is a woman.

If the victim does not send his/her b body photo, he/she threatened the victim as if he/she would report the victim and be punished, and had the victim frightened with the victim's photo affixed with the victim's telegraph body and the negative body, and sent the victim's photo to the defendant.

As a result, the Defendant, as an act of exposing all or part of the body of the victim, produced obscenity for a video-based child or juvenile who expressed contents that may cause sexual humiliation to the general public, and led the victim to do an unobligatory act by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to photograph (fafaf) ;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the production of obscene materials by children and juveniles and the choice of imprisonment with prison labor), Article 324(1) of the Criminal Act (the point of coercion, the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated to the extent that the punishment is added up to the maximum of the long-term punishment of two crimes prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) with heavier punishment];