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(영문) 대전지방법원 천안지원 2020.04.22 2019고합282
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

Defendant

A Imprisonment with prison labor for two years and six months, and for defendant B, for ten months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant, in violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscenity) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the Use of Cameras, Etc. (hereinafter “Act on the Punishment, etc. of Sexual Crimes”) due to the production of obscenity by children and juveniles, came to know of the victim C (a 17 years of age) who is a juvenile through open hosting, and was willing to photograph the head, etc. while having a sexual relationship directly.

On April 30, 2019, from around 13:53 to 14:15, the Defendant, while having a sex relationship with the victim within a passenger car in the Em-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

As a result, the Defendant produced child and juvenile pornography four times in total, and taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his/her will.

B. On April 30, 2019, at around 09:01, the Defendant: (a) sent a photograph taken by the victim C from the victim so that he/she can find her her face with her body, a photograph taken by expanding the her face, a photograph taken by expanding the her face with her body, a photograph taken by sending the her chest into a cell phone, and a photograph taken by sending the her chest to B obtained through the game against the victim’s will against the victim’s will; (b) on the same day, the Defendant sent it to B via the game at around 15:31 on the same day.

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