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(영문) 부산지방법원 2017.10.20 2017고합359

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On February 21, 2017, the Defendant, who committed a crime against the victim’s name influort (or elementary school students and female students) received and stored a photographic file that the child was exposed to his/her chest from a child influort that he/she became aware of through the “C”, a mobile phone displayer at a place where he/she was influort space, and a photographic file that the child was exposed to his/her chest by inserting his/her finger on his/her cell phone.

As such, the Defendant was aware that he/she was a child or juvenile pornography.

2. On April 23, 2017, the Defendant committed the crime against the victim D (10 tax, female) was aware of the victim who was the victim of the fifth grade of elementary school through the aforementioned “C” on April 23, 2017, and introduced him/her to the victim by reducing his/her age to “19 years of age,” and introducing him/her to the victim. The Defendant sent his/her sex photograph to the victim, who is a child of the age, who is not yet established the concept of “sex,” and transmitted his/her sex photograph to the victim, who is a child of the age, without establishing the concept of “sex,” thereby leaving the victim’

After the safe trial, around 18:40 of the same day, the elementary school playgrounds located in the Young-gu Busan Metropolitan City, Do E were moved to the rest area in the school.

A. From around 19:00 on the same day, the Defendant 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 and Juveniles from Sexual Sex (Possession of obscene materials), the Defendant: (a) stated that the Defendant was in a shelter located on the first floor in the above elementary school, allowing the victim to go home and panty; (b) caused the Defendant to go home and panty; and (c) took one cell phone with the victim’s cell phone so that the victim’s chest and negative part can be seen as the victim’s face; and (d) took one copy of the victim’s chest and negative part from that time to that time, and (e) took one copy of the victim’s cell phone from that time.

7.3. Arrested and stored the cell phone in his cell phone before he voluntarily submits it to an investigative agency;

As such, the Defendant made the victim, who is a child, be exposed to a part of the body that may cause a sense of sexual humiliation, and taken these pictures, and produced obscene materials for children and juveniles.