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(영문) 창원지방법원 2016.09.22 2016고합143
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

No. 3 and No. 4 of the judgment of the defendant, among the crimes of No. 1 of the judgment of the defendant 1, each of the crimes of No. 9 through No. 27 of the list of crimes in the attached Form No. 1.

Reasons

Punishment of the crime

[criminal record] On October 19, 2012, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with labor due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) in the branch court of the Busan District Court, and the judgment became final and conclusive on October 27, 2012.

[Criminal facts]

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

A. On April 2015, the Defendant discovered that the name, age, contact number, etc. of C (V, 13 years of age) who is a child or juvenile was posted on the obscene website by a police officer, and had access to C to a sex relationship after delivery, and taken the video to produce a child or juvenile pornography.

On April 15, 2015, the Defendant sent D’s message to C on April 15, 2015, and then talked with C after delivery of the call.

In accordance with the proposal, around April 25, 2015, when considering C as the dwelling place of the defendant in the Dong-gu Busan Metropolitan City, and having sexual intercourse with C, the head of the sexual intercourse was taken with C with the defendant's smartphones, and the head of the sexual intercourse was produced with five children and juveniles by taking a sexual intercourse with five children and juveniles in total over 30 times from May 10, 2010 to July 12, 2015, as shown in the list of crimes in the attached Table (1).

B. On May 2015, the Defendant had access to the Internet file sharing site called “F” by using the Defendant’s computer within the Defendant’s residence, and had the video taken as shown in the instant paragraph (a) on the “G’s bulletin,” and posted it by openly displaying it. The Defendant displayed the video images taken as shown in the instant paragraph (1) with a photograph No. 6 times a year of the crime sight list, and openly displayed it.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse ( possession of obscene materials) shall be the Defendant’s residence in the past and in Busan Dong-gu, Busan, from around 2009 to April 19, 2016.

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