A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On April 7, 2019, the Defendant sent to the victimized child D (W), who was connected with a smartphone with the Defendant’s residence of the Defendant of the 4th floor of Busan Dong-gu, Busan, the Defendant, “17 years of age in the E” and divided conversations with “17 years of age in the E,” with a view to meeting the sexual desire, the Defendant sent to the victimized child for the purpose of “I am ver. I am. I am am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

In the face, the message “to transmit and back the message” is sent to Native School Home Taga F when he or she became aware of in the future, so that the victimized party would have his or her chest and sound photograph affixed to him or her, and then possessed three copies of the photograph transmitted from the victimized party.

As a result, the Defendant reached a child victim with a view to meeting his/her own sexual desire, and at the same time, made the child victim feel sexual humiliation or aversion, or acted in sexual abuse such as sexual harassment that leads the child to a sense of sexual humiliation or aversion, or possessed a photograph transmitted by the child in awareness that it is a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Video tape CDs and statement recording records with D;

1. Investigation report (the result of analysis of the digital evidence of the victim's smartphone);

1. Application of C Related Acts and subordinate statutes to printed out messages

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by children or juveniles), Article 71 (1) 1-2 of the Child Welfare Act, and subparagraph 2 of Article 17 of the Child Welfare Act (the possession of sexual abuse);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;