아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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.
Punishment of the crime
The prosecutor prosecuted the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the crime of indecent act by compulsion of minors, and the violation of the Child Welfare Act (voluntary coercion, intermediary, sexual harassment, etc.) as a substantive concurrent relation. However, it is reasonable to view that each of the above crimes is in an ordinary concurrent relation, and thus, corrected the crime ex officio.
피고인은 2020. 3. 9. 00:13경 대구 북구 B에 있는 피고인의 주거지 내에서 스마트폰을 이용하여 게임을 하던 중 피해자 C[가명, 여, 9세, 게임 닉네임(D)]과 채팅을 하게 된 것을 기회로 13세 미만의 미성년자인 피해자에게 ‘ㅅㅅ해봤어요 , 보지털 났어 ’라는 등으로 말을 걸고 피해자에게 나체 사진 등을 촬영하여 전송하라고 요구하여 피해자로 하여금 손가락으로 음부를 벌린 자세 등 나체사진 7장을 촬영하도록 한 다음 이를 피고인의 스마트폰으로 전송받았다.
As a result, the Defendant committed sexual abuse, such as sexual harassment, which made child or juvenile pornography, and made child or juvenile pornography, and at the same time made sexual harassment, which made a child or juvenile victim obscene acts and made a sense of sexual shame.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to investigate and report (the results and confirmation of the victim’s cell phone digital sirens) a petition, a stenographic record, a statement analysis expert’s written opinion E message photograph, a victim exposure photograph sent to the suspect, a record of conversations between the suspect and the victim, a photograph of the content of a mobile conversation, a record of seizure of each of the contents of a AFK AFK A or mobile conversation, and a report on internal investigation
1. The indictment under Article 305, 298, 34(1), and 31(1) of the former Criminal Act (amended by Act No. 17265, May 19, 202) concerning criminal facts does not include the applicable provisions of the indirect principal offender in the indictment.