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(영문) 대전지방법원 홍성지원 2015.04.10 2014고단730
아동복지법위반등
Text

A defendant shall be punished by imprisonment for not less than one year 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.

Reasons

Punishment of the crime

1. The Defendant violated the Child Welfare Act, from July 24, 2013 to July 28, 2013, sent the Kakakao Stockholm message to E (the age of 13) who was known in the Internet Nene “D” camera, and sent the pictures to E (the age of 13) and sent them, and had E photograph the act of self-defense to E, a child, from July 24, 2013 to 28 of the same month.

2. Around July 26, 2013, the Defendant had E (13 years of age) take photographs and b body pictures of self-defense, etc. at the places indicated in paragraph (1), as described in paragraph (1), at the places indicated in paragraph (1), and possessed them with knowledge that they are child or juvenile pornography by receiving transmission from a cell phone used by the Defendant through Kakao Kakao Stockholm.

3. From around 00:36 on July 25, 2013 to 01:26 on July 28, 2013, the Defendant threatened the victim by sending a Kakakao Stockholm message to the effect that if the Defendant did not transmit the victim E (n, 13 years of age) a photograph and a photo to commit self-defense, the Defendant would spread the victim’s photograph that he/she had been transmitted to the Internet, as described in paragraph (2) or that he/she would spread the victim’s photograph that he/she had been transmitted to the Internet.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A written statement;

1. An abstract of the mobile analysis report;

1. Application of Acts and subordinate statutes to a report on investigation (to be attached to a document of output of the Kakao Stockholm conversation);

1. Articles 71(1)1 and 17 subparag. 2 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014); Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of child pornography; the choice of imprisonment); and Article 283(1) of the Criminal Act concerning criminal facts

U.S. Imprisonment

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

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