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(영문) 제주지방법원 2018.08.08 2018고단395
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) On November 2015, the Defendant sent a photograph of a victim D (at the age of 14) who became aware of the violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (Carrying obscene materials) through a mobile phone cting display at a closed area of not more than Jeju-do (hereinafter referred to as Jeju-do) with a 14-year-old photograph of his/her face off.

different types.

"The victim was demanded to transmit his/her body photo from the victim to his/her cell phone."

Accordingly, the defendant, who is a child's obscene material, possessed the upper half of the child juvenile's body photograph.

B. Violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) The Defendant sent the victim’s bals photographs to B, among those shown by B in the F Garan-si E in Seocho-si in March 2016, from among those shown by B in the early 2016.

As it is demanded to change, the victim's upper half-hand photo was transmitted to B through the cell phone G hosting display, and the victim's upper half-hand photo was sent from the victim as described in the above paragraph (a).

As a result, the defendant provided children's obscene materials such as child and juvenile pornography photographs.

2. On March 7, 2016, the Defendant: (a) reported the victim’s upper half-hand body photo stored in a mobile phone of the F dan 2016, which was later stored in the Defendant’s mobile phone; (b) requested the victim to transmit his/her photo to A; and (c) received the transmission and stored it in the mobile phone until June 7, 2016.

Accordingly, the defendant, who is a child's obscene material, possessed the upper half of the child juvenile's body photograph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes of one copy of a damaged photograph;

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials for the use of children), Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the provision of obscene materials for the use of children), and Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the provision of obscene materials for the use of children): Defendant B who has selected imprisonment: Article 11(5) of the Act on the Protection of Children against Sexual Abuse.

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