A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

[Presumption of Facts] The defendant, B, D B, C, and D were indicted on October 7, 2020 and currently pending in the judgment as the court of Gwangju District Court 2020 high Gohap 111.

In 2019, etc., the victims came to know of the victim G (name, leisure, 12 years old) and H (12 years old) through the “F (F)”, the group hosting of the “E” around 2019, and at the time of committing the crime, the victims knew of the fact that they were children and juveniles.

[Criminal facts]

1. On December 23, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) requested the victim G to photograph and transmit obscene pictures using the Kakakao Kakao Stockholm on the basis of around 22:28 on December 23, 2019, and received one image from the victim to his/her cellular phone (S10 in case of galtho) which was sent from the victim to the victim’s cell phone.

As a result, the Defendant produced obscene materials for children and juveniles.

2. The Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials) by storing eight sexually exposed photographs of the victims sent from the victims G in the video and the above “F” hosting room, as described in paragraph (1) of the said Article, in a temporary and in an irregular place from around May 3, 2020 to around May 3, 202, within the Defendant’s cell phone.

As a result, the Defendant possessed obscene materials for children and juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records (Evidence 13);

1. Photographs and images transmitted by the victim G to “A”, the investigation report on the contents of conversation between the victim G and the suspect A (the detection of and addition to the suspect A’s suspected possession of obscene materials), the suspect A’s possession of obscene materials, the file data in the list of obscene materials held by the suspect A;

1. Application of Acts and subordinate statutes of each protocol of seizure and list of seizure (Evidence Nos. 24, 25, 29, 30);

1. Article 11 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) concerning criminal facts and the former Act on the Protection of Children and Juveniles against Sexual Abuse.