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(영문) 의정부지방법원 2018.11.30 2018고합334
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. Around November 2014, the Defendant produced obscene materials for the use of a child as described in attached Table 1(1) of the Act on the Protection of Children’s Juveniles against Sexual Abuse (Distribution, etc. of obscenity) at the home of the Defendant, which is located in the Gu of Ansan-si, Ansan-si, that is, juvenile sexually B ( female high school students under the age of 19) of the victim, as soon as he/she has the victim enter the victim’s sexual organ and directly photographs the victim’s sexual intercourse with his/her smartphone, etc., and directly takes them into his/her smartphones.

2. Around February 14, 2015, the Defendant violated the Act on the Protection of Children against Sexual Abuse (Distribution, etc. of obscenity) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) by accessing the Defendant’s home located in the Gu of Ansan-si, to the Internet C’s Internet account (the domain name E) operated by him/her, and posted a photograph indicating the victim’s sexual organ B (the victim’s sexual organ under the age of 19 years) produced as described in paragraph (1) without the consent of the victimized party, and displayed it on August 23, 2018 without the consent of the victimized party. In such case, the Defendant used the child’s obscene material for a total of 13 times as described in paragraphs (1) through (12) and (29) of the attached Table of Crimes against the victim’s sexual intercourse, and displayed the victim’s obscene material openly against the victim’s will.

3. On May 2018, the Defendant directly photographs the sex head of a sexual intercourse with his/her smartphone without obtaining the consent of the victim while performing sexual intercourse with the victim at the house located near the F Station in the Mapo-si, Mapo-si, Mapo-si, Mapo-si (a woman aged approximately 20 years old), in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.) and the same year;

6. On October 10, 200, the Defendant’s house located in the Gu of Ansan-si and posted the above photographs by accessing “D” (the domain name address E)’s Internet account operated by him/her at the Defendant’s house located in the Gu of Ansan-si, and then, from this point to December 12 of the same month, the contents of [Attachment] 30 to 33 of the List of Crimes.

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