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(영문) 의정부지방법원 2016.10.14 2016고단2537

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around October 2014, the Defendant threatened the victim by sending a message to the victim’s middle school to the effect that the victim would spread the conversation with the victim if the victim did not send a bareboat photo to the middle school without sending the victim’s bratical photo, which is a part of the victim D (the victim’s name, the 14-year age) and the bratical talk that the victim came to know through the cratical game and the mobile phone E.

2. Following the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the Defendant, at the time, place, and place of paragraph (1) of this Article, sent two copies of the victim’s sound and chests exposed to the Defendant’s cell phone to the victim’s cell phone, and carried the child and juvenile pornography.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A complaint;

1. Report on internal investigation (to attach a record of video recording and recording of the statement made by the victim D);

1. Application of statutes governing stenographic records;

1. Relevant Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by children or juveniles), Article 283(1) of the Criminal Act, and the choice of imprisonment, respectively, with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction of the accused is finalized on the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42 (1) of the same Act and is obligated to submit

The reason for sentencing [the scope of recommendations] the offense subject to aggravated punishment (4 to 1 year and 6) (the special person).