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(영문) 서울동부지방법원 2020.06.11 2019고합400
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

From May 2019 to July 2019, the Defendant conspiredd with the victim B (the family name, female, and C) who is a child or juvenile, from May 2019 to the police officer.

On June 24, 2019, at around 21:10 on June 24, 2019, the Defendant visited the Defendant’s mobile phone from the Defendant’s mobile phone, and then requested the victim to show the victim’s sexual organ while driving the video phone with the victim, and stored the video product in the Defendant’s mobile phone by video recording using the Defendant’s mobile phone recording function, which shows the victim’s sexual organ while driving the video phone. The Defendant stored the video product in the Defendant’s mobile phone until July 19, 2019.

Accordingly, the Defendant produced and possessed child or juvenile pornography.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning B;

1. Protocol of seizure, list of seizure, photograph of seized articles, warrant of seizure, certificate of seizure and certificate of renunciation of ownership;

1. The message photograph, page dialogue content, electronic information confirmation document (for removal of a mobile device), list of mobile devices taken out, digital evidence analysis results, diagnosis document, electronic information confirmation document, and seized and photograph;

1. Application of an investigation report (A1920) (Attachment to the USB submitted by the victim), a report on investigation (Attachment to dialogues, such as Facebook, etc. submitted by the victim), a report on investigation (Attachment to a written diagnosis submitted by the victim), a report on investigation (the result of evidence analysis conducted by a suspect's DNA mobile phone (A1920), a report on investigation [Attachment to a photograph of the result of evidence analysis conducted by a suspect's DNA mobile phone (A1920), a report on investigation (verification of the details of Kakakao Transmission), a report

1. Article 11(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter the same shall apply) (amended by Act No. 1738, Jun. 2, 2020); Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 202);

1. Aggravation for concurrent crimes;

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