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(영문) 대구지방법원 2021.02.05 2020고합502
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for three years.

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.

Reasons

Punishment of the crime

On February 2, 2020, the Defendant became aware of the victim C (the name, the age nine) at the opening opening room, which is a mobile phone, and became aware of the victim C (the age nine) and had been contacted with the mobile phone, etc. on February 2, 2020, the Defendant was aware that the victim was a primary school student at the residence located in Daegu North-gu, Daegu, Gyeong-gu, 2020, while offering gift through the mobile phone-line service to the victim, and want to do so.

’, ‘ 팬티 벗은 거 보구 싶엉’, ‘ 구럼 오늘은 너 가슴만 ’ 등의 메시지를 보내

In order to have the victim take photographs of B/L, the victim took the appearance of her body pictures with his/her intent to escape all of his/her load, and then made it possible to transmit it to the Defendant’s cell phone, thereby producing obscene materials for children and juveniles, and at the same time committing abusive acts such as sexual harassment that cause a sense of sexual shame to children.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal stenographic records [C (tentative name)] and each investigation report on B message sent to the victim by the victim for an appraisal of the statement analysis opinion (written confirmation, E's response to the execution of a search and seizure warrant, identity of the suspect, response analysis of the request for appraisal, response analysis between the suspect and the victim, and contents of conversation B)

1. Punishment provided for in Article 11(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Article 71(1)2 of the Child Welfare Act, and Article 17 subparag. 2 of the same Act (amended by Act No. 17338 of Jun. 2, 202), Articles 40 and 50 of the same Act for the ordinary and ordinary concurrent crimes (the crime of sexual abuse against a child) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of manufacturing and distributing obscene materials), a person who has no heavier punishment) shall be sentenced to a selective imprisonment

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course:

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