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(영문) 부산지방법원 2018.08.20 2018고단1430
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From early November 2017, the Defendant sent an artist’s photograph to a person who uses the clinic called “E” or “F” on the Internet website, and received a synthetic photograph from the said person.

On the 13th day of the same month, the Defendant received a request from the person above the victim G (Woo, 15 years old) to post a synthetic photograph, etc. of the appearance of these sexual acts on the above D website.

On November 13, 2017, the Defendant posted a synthetic photograph in the form of money safe in which the victim was satis in front of the male satis, and the victim was satisf in the home of the Defendant’s satisfy, which was in the operation of H apartment at Gyeongnam Kim Jong-si, Kim Jong-si, 304.

Accordingly, the Defendant openly displayed child pornography.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 11 (3) of the Act on the Protection of Juveniles from Sexual Abuse against Sexual Abuse against the crime committed by the relevant legal profession;

2. Selection of penalty penalty:

3. Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (i.e., synthetic photographs created by attaching the victim’s face to obscene photographs as indicated in the facts of the crime, and (ii) that the juvenile victim suffered a large number of mental pain is disadvantageous.

However, the execution of imprisonment is suspended in consideration of the fact that the victim's side is not subject to the punishment of the defendant by agreement with the victim and his parents, and that there is no criminal history.

3. Article 21 (2) and (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

4. An order to disclose, notify, or restrict employment of, a child exempted from such order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the age, occupation, family environment, social ties, criminal records, and the risk of re-offending, and the benefits expected by the order to disclose and notify the case.

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