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.

Punishment of the crime

1. 아동청소년의성보호에관한법률위반(음란물제작배포등) 피고인은 2019. 3. 2. 07:00경 창원시 마산회원구 B에 있는 피고인의 주거지에서 랜덤채팅 애플리케이션인 ‘챗어스’를 통해 알게 된 피해자 C(가명, 여, 15세)에게 접근한 뒤, 신체를 촬영한 음란한 사진이나 동영상을 보내주면 돈을 주겠다고 피해자를 속인 후 피해자에게 구체적인 의상이나 자세, 행동, 대사 등을 지시하였다.

The Defendant sent one photograph of the victim’s bridge and two photographs taken by the body of the victim so that panty panty can be seen by the victim, one video taken by the victim’s bridge, two video images taken by the victim, and two video images taken by the victim with the sound panty.

As a result, the Defendant produced obscene materials using children and juveniles.

2. The Defendant, at the time and place set forth in paragraph (1), demanded that the victim take and transmit an obscene screen image taken by the body part of the victim with a high level of water, which was taken from the open hosting room of “Kakakakao”, a smartphone display room, if she wishes to erase the pictures and videos described in paragraph (1), then she would cause her horses. However, the Defendant attempted to take and transmit an obscene screen image taken by the victim with a high level of water. However, the Defendant did not respond to the demand from the opening room to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Article 11(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Articles 324-5 and 324(1) of the Criminal Act concerning criminal facts (the production of child and juvenile pornography, the choice of limited imprisonment, and the choice of imprisonment)

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;