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(영문) 제주지방법원 2019.08.22 2019고합60
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at Jeju District Court on October 1, 2018, and the judgment became final and conclusive on December 14, 2018.

1. Around April 24, 2018, the Defendant forced the Defendant to commit a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) (hereinafter “P”), using the Defendant’s mobile phone at the residence of the Defendant in Nam-gu B Housing C, Nam-gu, and participated in the victim D (the age of 13) as an clinic of “F” in the open hosting room, including a conversation. The victim taken the chest photograph at the open hosting room, and stored the chest photograph on his/her cell phone, stored the victim’s cell phone, and requested the victim for a one-one conversation, accepted it, and made the victim dialogue with the victim E.

At around 19:58 on the same day, the Defendant sent the victim’s photo to “high school students 17 years old,” and then sent the victim’s photo to the victim as if he were the 17-year old high school student, and then sent it to the victim by affixing the victim’s image at an open opening opening opening opening opening opening opening opening, and then sent it to the effect that “the victim demanded it, and the victim refused it, thereby making the victim know of the name and school of the “the victim,” and distributed it to the victim,” and then, sent the video to the victim who was frighted, by threatening the victim to the effect that “the victim would have known of the name and school of the victim.”

Accordingly, the Defendant, as seen above, threatened the victim who is a child or juvenile, thereby allowing the victim to take pictures of the victim’s self-deficial video, etc., and at the same time, produced child or juvenile pornography by transmitting the above self-deficial video to the Defendant’s Esen.

2. The Defendant who attempted coercion from the victim at the same place as the first one before May 2018.

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