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(영문) 서울북부지방법원 2020.09.11 2020고합149
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment program.

Reasons

Punishment of the crime

1. No person who is in possession of obscene materials under the Act on the Protection of Children and Juveniles against Sexual Abuse shall possess them knowing that they are obscene materials for children or juveniles;

From November 2019 to December 2019, the Defendant had three video images and one photograph, which are obscene materials for children and juveniles, connected to “twitter” by using a cell phone (gallon A7) from the Defendant’s dwelling place in Kim Sea B apartment and the Defendant’s dwelling place in subparagraph (c), and possessed them by using a downloaded channel with three video images and one photograph, which contain the form of self-defense of children and juveniles.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the victim D (the age of 14) are those known through the “dact code” around December 16, 2019.

On February 25, 2020, the Defendant, using a computer at the above Defendant’s residence, sent a video call via the “dicos code” with the victim who is a child or juvenile, and requested the victim to talk about both chests, collect the fingers in a sound book, and then recorded the image with the “ocscopic”, which is a screen screen display case installed on the Defendant’s computer.

Accordingly, the Defendant produced child or juvenile pornography.

B. From February 25, 2020 to March 3, 2020, the Defendant produced as referred to in paragraph 2(a) at the above Defendant’s residence and distributed child and juvenile pornography to “E” (hereinafter “E”) and “H” (hereinafter “E”), which is the source of the child and juvenile pornography stored in the Defendant’s computer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Each protocol of seizure and the list of seizure;

1. Each complaint;

1. Application of each video CD, each photographic statute;

1. The pertinent Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020; hereinafter referred to as the "Gu").

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