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(영문) 대구지방법원 2016.08.19 2016고합201
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

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 June 2015, the Defendant taken a photograph of the Defendant’s body at the Defendant’s home located in Daegu Dong-gu, Daegu-gu, by using mobile phone camera, and the victim D, who is a child or juvenile, (the age of 17), was a child or juvenile, who fights the body of the Defendant.

From around that time to September 2015, the Defendant taken the victim by the same method six times in total from the Daegu Dong-gu, such as the list of crimes in the attached list of crimes.

As a result, the Defendant produced obscenity using a video or cinematographic child or juvenile, which is an act of contacting and exposing all or part of the body due to the appearance of children or juveniles, with the intent to cause sexual humiliation or aversion of ordinary people.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the Daegu Sea Center;

1. Details of conversation;

1. Application of Acts and subordinate statutes as a result of mobile sirening;

1. Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the production of obscene materials for children and juveniles, the selection of each organic imprisonment), Articles 11(6) and 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the attempted production of obscene materials for children and juveniles, and the selection of organic imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) 4 years from the date of the most serious offense];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Where a conviction against a defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant shall obtain personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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