A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Power] On December 19, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Child Welfare Act (voluntary coercion, intermediary, sexual harassment, etc. against a child) at the Daejeon District Court on December 19, 201, and the said judgment became final and conclusive on January 14, 2019.

【Criminal Facts】

1. On March 31, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) made 10 videos of the Defendant’s home located in Jinju-si, using the Defendant’s Aphone 6S mobile phone in Jinju-si, using the Defendant’s Aphone 6S mobile phone, and sent the message to C (Gain, n, n, 9 years old) and D with the above child while sending the message, the Defendant made the above child photographed with a video and sent it with his/her clothes, and made the said child take the image of his/her clothes, and received it from the victim, after having the said child take the dynamic image of his/her body and chest, etc. from around 20:02 to April 17, 2018, respectively, and then transmitted the above dynamic images to the Defendant’s cell phone.

Accordingly, the Defendant produced child or juvenile pornography.

2. The Defendant transferred 10 video images transmitted from the above child to the Defendant’s computer at the time and place specified in paragraph (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession)

Accordingly, the defendant was aware that he was a child or juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement under C;

1. Opinions of experts in the statement analysis of children or persons with disabilities by capturing C (a stenographic record, video CD, CDs, CDs, CDs and USB, screen pictures, audio images, and capturing photographs, text messages, and taking photographs, text photographs, and opinions of experts in statement analysis of children or persons with disabilities;

1. Previous records of judgment: A written inquiry of criminal records, etc. and the application of statutes to the accused's separate records (the Daejeon District Court 2018No1949);

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is applicable to the relevant criminal facts and the punishment therefor;