아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
A defendant shall be punished by imprisonment for not less than two years and six months.
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.
Criminal facts
1. On April 11, 2016, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), attempted to produce a child or juvenile obscene material against the victim H (the 11 year old), who is a child or juvenile, who was given and received a message through “G”, at the Defendant’s home located in the Speaker F around 23:00, by means of “M”, a smartphone-rating pattern, as if he would give a game item to the victim H (the 11 year old), who was mentally well-known and physically incapable of controlling sexual issues or of making a decision in accordance with his own right to sexual determination.
Accordingly, on April 12, 2016, the Defendant sent a message to the effect that, while making a voice and video call with the victim on April 12, 2016, the Defendant added the method of self-defense to the victim, and then sent a message to the effect that, from April 14, 2016 to April 01:23, 2016, the Defendant “to receive game items, the Defendant sent the victim’s self-defense images by using the above G at the above Defendant’s home.”
In addition, the victim made four children and juveniles obscene materials using a total of 4 children and juveniles by making the victim take photographs and store video images using the camera function of the mobile phone and then transmit them to the defendant.
2. Following the attempted attempt to attack, the Defendant sent a message to the effect that “I will bring the video files on the victim’s elementary homepage by no later than 6 p.m. on the same day if I will transmit 30,000 won cultural gift certificates to the victim via the above G around 02:00 on the same day.”
Therefore, in order to withdraw from the 30,000 won from the frighter damage, the victim did not have the intent to inform her mother of the frighter's pecuniary advantage.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Stenographic records (the details of statements made by victims);
1. The report (the confirmation of the video and Messenger) is filed.