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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
The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.
The Defendant seeks a hosting model to “C” for online photograph and video sharing.
By inserting a false writing with the content of “an unspecified woman’s photograph, etc., he/she shall be considered as having received the pictures of an unspecified woman.”
On March 17, 2017, the Defendant visited C at the office of the Defendant located in Ansan-si, Annsan-si, whose name, age, school, account number, etc. was asked for the victim's name, age, number, etc., and sent the victim's photograph, etc. who was short flab, and then sent the victim's photograph, etc. on March 19, 19 of the same month, and deleted only if the Defendant sent the victim's photograph that was purely flabed, and then sent the victim's photograph on March 22:18 of the same month.
“Along with the victim’s reliance of his/her clothes, the victim’s face and sound is required to be sent by putting off all his/her clothes from the victim who believed him/her, and attaching a screen image exposed to him/her. At around 22:32, around 22:39, around 22:49, and around 22:46, the victim made the victim photographed his/her face and sound by exposing his/her body with his/her face and sound and sent them to E, respectively.
As a result, the Defendant produced obscene materials for children and juveniles appearing by using the victim as a tool, and committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to children.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to D;
1. A report on seizure records and results of analysis of digital evidence;
1. Application of Acts and subordinate statutes of the investigation report (No. 10 No. 5 of the evidence list);
1. Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 34(1) and 31(1) of the Criminal Act concerning criminal facts (the production of obscene materials for children and juveniles).