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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The facts charged were corrected or revised properly to the extent that it does not interfere with the defendant's exercise of defense.
The Defendant, through the mobile phone application called “C”, became aware of the victim D (one-five years of age) by deceiving himself/herself as a high school-affiliated student.
1. At around 17:00 on July 11, 2018, the Defendant, while having sexual intercourse with the victim of a high school uniform at the residence of the Defendant of Jongno-gu Seoul Etel F, took a video recording of the face on 14 occasions using a mobile phone against his/her will, even though the victim refused to take a sexually related image, he/she did so.
As a result, the Defendant produced child and juvenile pornography over 14 times, and taken the body of the victim who could cause sexual humiliation or sense of shame by using a camera or other similar mechanism.
2. At around 10:00 on July 27, 2018, the Defendant, while having sexual intercourse with the victim, taken the screen picture on five occasions using a mobile phone against his/her will, even though the victim refused to take the image of sexually related images, while refusing to do so.
As a result, the Defendant made up of five times child and juvenile pornography, and taken up the body of the victim who could cause sexual humiliation or humiliation by using the camera or other similar devices with similar functions against his/her will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Stenographic records of the victim's statement and the victim's statement recorded DNA;
1. Records of seizure and the list of seizure;
1. Reproduction of a photographic CD;
1. Application of the Act specialized in G dialogues
1. Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the production of child or juvenile pornography and each date of crime) on the relevant criminal facts, and Acts on October 16, 2018 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.