2018Gohap798 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials)

(b) An indecent act by compulsion, attempted indecent act by compulsion, intimidation, sexual crime, etc.

Violation of the Act on Special Cases concerning the Punishment, etc. of Communications Means (obscenity)

Act on Promotion, etc. of Information and Communications Network Utilization

Correspondings

A

Bags (prosecutions) and Kim Sung-won (Trial)

Law Firm Oun, Law Firm

Attorney Kim Han-jin

December 21, 2018

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

The digital information stored in the seized e-mail disc (Evidence 1), the APEN USB, the electronic information stored in the e-mail (Evidence 4), the e-mail (Evidence 5), the e-mail (Evidence 6), and the e-mail (Evidence 6) stored in the e-mail (Evidence 6) shall be destroyed, respectively. The prosecution against each intimidation among the facts charged in the instant case shall be dismissed.

Criminal facts

The defendant used the conversation called ‘C' from ‘B', which connects the other party to the conversation with ‘C', by posting the male model pictures of the Internet shopping mall as if the defendant was the defendant's photograph, and obtained a sense of identification by pretending that it was the business of 30th and well created the money to women as if they were the defendant's photograph, and then using ‘C', the defendant made an obscene conversation with women with obscene contents using ‘E' (‘E', ‘F',' while having sent the pictures such as a male sexual flag, etc. on the Internet as if he was the defendant's photograph, and had the female sent the pictures to him such as dyp, fry, and fry, etc., and let the defendant receive such pictures or videos from the defendant.

1. Crimes against victims G;

Around January 1, 2018, the Defendant received a photographic file from the victim G who became aware of in the above manner B at the Defendant’s residence located in G apartment I of the wife population M apartment around 30, 2018. The Defendant was sent from the victim G with his face, flus, conspiracy, and tran, but the Defendant was flusored with the Defendant’s abnormal behavior, and the victim was flusored with the contact with the Defendant.

(a) A attempted indecent act by compulsion;

From February 26, 2018 to around 17:05 to 20:52, the Defendant sent the victim’s photographs by using routing routing type D in the Defendant’s residence, and then sent them to J or K without affixing up four photographs and send four photographs to the router, by sending text messages stating, “If you send the victim’s photographs by affixing routs, chests, and routtures, you will post four photographs to J or K, and send four photographs to the router.” However, the Defendant attempted to force the victim to commit an indecent act but failed to commit such act.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On February 26, 2018, at around 17:30, the Defendant sent to the victim a 10-time text and photograph of obscene content from around 20:00 to 20:45 of the same day, i.e., the Defendant sent to the victim a lusent text containing “G. Madro Madro Madro Madro Madro Madro Madro Madro Madro Madna.” As indicated in the annexed crime list (1). Accordingly, the Defendant sent a 10-time text and photograph of obscene content to the victim with a view to inducing or satisfying his own sexual desire.

(c) Violation of Act on Promotion of Information and Communications Network Utilization and Information Protection;

No person shall distribute information with an obscene content distributed, leased, or displayed openly through an information and communications network in the form of code, words, sound, image, or motion picture.

On February 26, 2018, at around 21:30 on February 26, 2018, the Defendant sent to one-person L, who is the victim’s seat, a photograph of the victim’s conspiracy, which was transmitted by the victim.

Accordingly, the Defendant distributed obscene images using information and communications networks.

2. Crimes against the M of Victims;

On March 1, 2018, the Defendant received from the victim M who became aware of through B in the above manner at the Defendant’s residence in the above manner, the victim’s face, winter, sound book, etc., and the video file, which was self-defluence, was sent, and the victim was aware of a meeting with the Defendant’s abnormal behavior.

From March 15, 2018 to March 16, 2018, from around 23:41 to around 0:45, 2018, the Defendant sent the victim’s photographs sent from the Defendant’s residence to 0:00 to March 16, 2018, using the victim’s photo, and sent the victim’s photo with her husband’s seal with her husband’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her face, and affixed the face to her her her her face.

Accordingly, the Defendant committed an indecent act on the part of the victim.

3. Crimes against victims;

On February 17, 2018, at the Defendant’s residence, the Defendant: (a) divided obscene conversations with the victim 0 and the victim’s face-to-face D, which he/she became aware of through B in the above manner; and (b) received the victim’s photograph file from the victim; (c) the Defendant’s abnormal behavior led the victim to neglect of the Defendant’s meetings; and (d) caused the victim to be defluentd with the victim.

(a) Indecent acts by compulsion;

On February 19, 2018, from around 22:42 to February 00:16, 2018, the Defendant sent the victim with an obscene conversation to the victim’s face pictures and the face pictures transmitted from the victim, which were classified into the victim’s residence, and sent them by affixing the seal of 'o, fin, fin, finc, finc, and finc, finc, finc, finc, and finc. finc. f. f. d. d. d. d. d. d. d. d. d. d., sending text messages to the four-year families, finc, finc, and finc, finc. d. d. d. f. d. d. d. d. d., the Defendant committed indecent act against the victim.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On February 20, 2018, at around 16:01, the Defendant sent one copy of a photograph produced by male sexual organ to the victim using a cryptized d in the Defendant’s residence. Accordingly, the Defendant sent pictures that may cause sexual humiliation or aversion to the victim through computers and other communication media for the purpose of inducing or satisfying his/her sexual desire.

4. Crimes against victims P;

On August 13, 2017, the Defendant received from the victim P who became aware of the Defendant’s residence through B through the above method at the Defendant’s residence, and requested the victim to send 30 copies of photographs each day to the victim after receiving the victim’s face, hump, etc. from the victim P., but the victim rejected the request, and the victim was humped to the victim.

On August 13, 2017, from around 21:41 to around 10:50 on August 14, 2017, the Defendant sent the victim’s photographs from the Defendant’s residence to the victim, using the crypt D, and sent the victim’s photographs received from the victim as above, and would post the victim’s four photographs on his/her adult website if he/she did not send them by 30 pages each day, by sending text messages stating, “The Defendant would post the victim’s four photographs on his/her own, by threatening the victim.” However, even though the Defendant attempted to have the victim take the cryp, chest, and negative photographs, the Defendant attempted to force the victim to commit an indecent act but attempted to commit an attempted act.

5. Crimes against the victim Qua;

On March 1, 2018, the Defendant received the victim Q Q from the victim Q who became aware of through B through the above method at the Defendant’s residence, and then requested the victim to add his/her photo and fluoric photo, but the victim rejected this.

On April 1, 2018, from around 20:57 to 22:15, the Defendant sent the victim’s photographs by using the cryp flusing type D in his residence, and then sent the victim’s photographs from the victim’s residence to 22:15, the Defendant threatened the victim by sending a text message stating that “if the cryp is not sent by affixing his photo, she will also be known to her husband and her husband.” The Defendant attempted to have the victim take the photo of the cryp, but the victim did not have the intent to reject it.

Accordingly, the defendant tried to force the victim to commit an indecent act, but he attempted to commit an attempted act.

6. Crimes againstR;

Around October 2017, the Defendant requested the victim R who became aware of the Defendant’s residence through B through the above method, to send the victim’s face and fluoric file with the victim’s photo and fluoric image to the victim after receiving the victim’s photo and fluoric image, but the victim refused this.

From early October 2017 to March 2018, the Defendant sent text messages with the victim’s pictures, which read, “If you send the victim’s pictures sent from the victim to the victim by sealing the victim’s residence, and the contents of the conversation between him/her and the victim, you would know her her her husband and her husband 2).” By sending text messages, the Defendant forced the victim to take the victim’s her dynamic image on 15 occasions, as shown in the attached list of crimes (2) including allowing the victim to take the her dynamic image on her own, by threateninging the victim by sending text messages stating, “If you send the victim’s photographs sent from the victim’s residence and the contents of the conversation divided with the victim, she would know her her husband and her her husband 2).” As such, the Defendant committed an indecent act by force on 15 occasions.

7. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

On March 28, 2018, from around 00:42 to 00:51, the Defendant taken a photograph of the victim SP (T, 13 years old) (hereinafter “T”), which came to know through B in the Defendant’s residence at the Defendant’s residence, using the Defendant’s cell phone called “one hundred million won of 100 million won of d. He off and off his clothes and defect in video calls”, while the Defendant used children, juveniles, and video calls, the victim was able to use the Defendant’s cell phone, using the Defendant’s cell phone, taken a photograph of the victim’s right chest by using the victim’s seat and the victim was exposed to the knive part of the cell phone.

Accordingly, the Defendant produced obscene materials for children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of G,0, and Q;

1. A copy of the police statement of M;

1. A copy of the R's statement;

1. The petition of P;

1. A report on the analysis of each digital evidence;

1. A written extradition;

1. Application of Acts and subordinate statutes to an investigation report (2018-932) (20), preliminary search and seizure verification warrant and response data), investigation report (in cases of attaching data to a Ucar screen screen run by a suspect), investigation report (in cases of analysis of seized materials), investigation report (in cases of additional victims R), internal investigation report (in cases of threats), report on internal investigation (in cases of confirmation of hosting details related to threats), and report on internal investigation (in cases of attaching a written statement

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 300, 298, and 34(1) of the Criminal Act; Articles 298 and 34(1) of the Criminal Act; Articles 298 and 34(1) of the same Act; Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of obscenity using each telecommunications medium; the choice of imprisonment); Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the occupation of distributing obscene materials; the choice of imprisonment); Article 11(1) of the Act on Protection of Children and Juveniles against Sexual Abuse (the occupation of producing obscene materials by children or juveniles; the choice of limited imprisonment)

1. Aggravation of concurrent crimes;

Articles 37 (Aggravation of Concurrent Punishment for Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), 38 (1) 2, and 50 of the Criminal Act)

1. Order to complete programs;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 21(2) of the Act on the Protection of Children

1. Exemption from an order for disclosure and notification;

In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no identical criminal record to the defendant and thus it is difficult to readily conclude that the defendant is in danger of recidivism, and the defendant's personal information registration and completion of a crime can only be said to have an effect of preventing recidivism. In addition, there are special circumstances where disclosure and notification of the defendant's personal information should not be made, taking into account all the circumstances, such as the adverse and anticipated side effects that the defendant suffers due to an order to disclose or notify his/her personal information

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. Article 48(1)2 and (3) of the Criminal Code of each Destruction [the prosecutor shall also confiscate and discard electronic information (No. 2) stored in the Hand drive drive drive drive, and the electronic information (No. 3) stored in TG US drive. However, the relevant USB is not subject to confiscation and destruction because the photograph, screen, voice file, message, etc. related to each of the of the crimes of this case are not stored (see, e.g., No. 1st 542 of the evidence record), and it is difficult to view it as goods or electronic information produced or acquired due to the criminal act of this case.] The reason for sentencing 1. The scope of applicable sentences under the law: Imprisonment of two years and six months to two years and six months.

2. Scope of recommended sentences according to the sentencing criteria;

(a) The crime of indecent act by compulsion against the victim;

[Determination of Type] Crimes of Indecent Act by Indecent Acts by Force (Indecent Acts by Force) on the General Standards for Sex Offenses (subject to the age of 13 or more)

[Special Aggravationd Persons] Aggravationds: The degree of indecent conduct is weak in the case of continuous and repeated mitigations of crimes against multiple victims.

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for not less than six months, but not more than two years;

(b) Each indecent act by compulsion against the victim R;

[Determination of Type] Crimes of Indecent Act by Indecent Acts by Force (Indecent Acts by Force) on the General Standards for Sex Offenses (subject to the age of 13 or more)

[Special Aggravationd Persons] Aggravationd: The elements for mitigation of continuous and repeated crimes subject to multiple victims: The sources of punishment not to be imposed.

[The scope of recommendations and recommendations] Basic area, imprisonment with prison labor for not less than six months, but not more than two years. Indecent acts against victims M.

[Determination of Type] Crimes of Indecent Act by Indecent Acts by Force (Indecent Acts by Force) on the General Standards for Sexual Crimes

[Special Aggravation] Aggravations: Aggravations of punishment where the degree of indecent conduct is weak in the case of continuous and repeated mitigations of crimes against multiple victims:

[Recommendation Area and Scope of Recommendations] Reduction Area, Imprisonment not exceeding one year;

(d) Offenses of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), each attempted indecent act by force, violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), and violations of the Act on the Promotion of the Use of Information and Communications Network and the Protection, etc. of Juveniles against Sexual Abuse (obscenity

(e) Scope of recommendations according to the guidelines for handling multiple crimes;

At least two years and six months (the crime on which the sentencing criteria have been set and the crime on which the sentencing criteria have not been set are concurrent crimes under the former part of Article 37 of the Criminal Act, so the lower limit of the sentencing criteria on each of the indecent acts by compulsion as stated in the judgment on which only the lower limit of the punishment is set shall be followed. The lower limit of the sentencing range recommended by the sentencing criteria is inconsistent with the legal applicable range of the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (production, Distribution, etc. of obscenity) of the Act on the Protection of Children and Juveniles from Sexual Abuse as stated in the judgment, and therefore the lower

3. Determination of sentence;

While the Defendant sent and received obscene conversations with female victims known in the context of crypt, the Defendant attempted to commit an indecent act or indecent act against the victims by threatening them to disclose balm pictures to the public, and by inducing them to photograph their own body pictures. During that process, the Defendant used communication media to have the victims G andO reach the victim’s pictures, and sent the victim’s pictures with the front cover of the victim’s conspiracy. Such crime was committed against the victims nine months from August 2017 to April 2018, the Defendant was committed on the victim’s name, occupation, place of residence, cell phone number, and other specific personal information, and was committed in a way that the victims would be exposed to an anonymous act, and then, the Defendant was released from the victim’s obscenity to the victim’s obscenity or an anonymous act. Such crime was committed against the victim’s personal information, and the Defendant was committed against the victim’s obscenity or an anonymous act. This was also committed against each of the instant victims.

However, the Defendant is the primary offender, and both of the instant crimes are recognized, and the victim M, P, R, and S do not want the punishment of the Defendant by mutual consent with the Defendant. The Defendant’s family and branch members appeal against the Defendant, and the Defendant’s social relation is considered to be good, and the Defendant has minor children to support. Such circumstances are considered as favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

Registration of Personal Information

In a case where a conviction against each crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act. The period of registration of personal information of the defendant is 15 years in accordance with Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the severity of a sex crime which causes the registration of personal information, the degree of the possibility of criticism and the circumstances of concurrent crimes, etc. are considered as inappropriate. Thus, the period of registration of personal information is not reduced

Public Prosecution Rejection Parts

1. Summary of the facts charged

On March 29, 2017, at the Defendant’s residence, the Defendant dialogueed with the victim V, which was known through B in the above way, and the victim was flicked to block the dialogue with the Defendant.

On March 29, 2018, at around 15:49, the Defendant sent text messages to the victim, “the same year as a bit of bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

Accordingly, the defendant threatened each victim over 12 times.

2. Determination

The facts charged in this part are crimes falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 283(3) of the same Act. However, according to the records, the victim submitted a written application for no punishment and written agreement on August 13, 2018, which was prior to the instant indictment, and expressed his/her intent not to be punished against the defendant. Accordingly, each part of the charges is dismissed pursuant to Article 327(2) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place:

1) The indictment is written as 'endum on March 2017', but the police statement of the victim (Evidence List No. 2, 277) is written as the last day of March 2017.

P) According to the sentencing investigation report, etc., the time when the defendant and the victim became aware of each other shall be deemed to be the end of March 2018.

In the end of March 2018, the end of March 2017, without the amendment process, is changed to the end of March 2018.

2) The indictment contains a statement that it will be known to South Dong Dong-dong, but a copy of the R's statement (No. 2, No. 825 of the evidence record), quantity

According to the punishment investigation report, etc., the contents of text messages sent by the defendant to the victim will be known to the victim.

Since it appears that it will be known to South and North Korea without the amendment of indictment procedures, it will be known to the birth of South and North Korea."

3) In the indictment, this part of the indictment is written as "15 years old in which the victim is unable to know the name", but financial transactions with the post office.

According to the response, etc. to the Information Order, since the victim appears to be Sy on September 2004, this part of the victim's name without the amendment process.

The term ‘not known' is ‘S', and ‘15 years of age' is respectively ‘13 years of age.'

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.