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(영문) 인천지방법원 2019.11.29 2019고합668
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2018, the defendant became aware of the victim C (the family name, the female, and the age of 12) who is a child or juvenile through a mobile game B, a university student, around October 15, 2018.

1. On October 17, 2018, the Defendant sent the victim’s message of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referred to as production, distribution, etc. of obscene materials) and the Child Welfare Act (sexual harassment, etc. against a child) around 14:08 on October 17, 2018, the Defendant committed sexual abuse, such as sexual harassment, etc., by sending the victim the victim’s message of “to be sent by entering a shopping mall toilet and to be viewed as a bridge, and to be scambly seen as a handman,” using DDasch Rex, and allowing the victim to photograph and transmit the message to the Defendant after taking such attitude, from that time until December 20, 2018, by using the victim’s child and juvenile pornography as indicated in the attached list of crimes, and at the same time, producing child and juvenile pornography and sexual harassment, etc., at the same time giving a sense of sexual humiliation to the victim who is a child or juvenile.

2. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;

On December 16, 2018, the Defendant sent to the victim the pictures of the Defendant’s sexual organ taken by the Defendant, while sending the victim a crypt to the victim a cryp of “a photograph taken by cryp,” while putting the cryp of “a photograph taken by cryp” to the victim.

As a result, the Defendant reached the other party that may cause a sense of sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. The defendant;

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