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(영문) 인천지방법원 2014.11.14 2014고합457
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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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

1. Around January 14, 2014, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmera, etc.) (i.e., taking pictures of the victim’s sexual intercourse with the victim using his/her mobile phone (proof No. 15), even though the Defendant, in the Defendant’s residence located in the building No. 503 of the Nam-gu Incheon Metropolitan City, Nam-gu C building 503 on January 7, 2014, expressed his/her intention to refuse to take videos,

As a result, the Defendant produced child or juvenile pornography, and taken the body of another person who could cause sexual humiliation or shame by using a cellular phone with a camera function against his/her will.

2. Around January 14, 2014, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, kept the video images in his/her cell phone, which a female juvenile satise with his/her own cell phone, taken by himself/herself as his/her fingers, in his/her cell phone (No. 1).

As a result, the defendant appeared and possessed a child or juvenile pornography who sexual intercourse with children and juveniles.

3. Around January 10, 2014, the Defendant taken pictures of the images of the victim’s sexual intercourses with the victim E (in female, 22 years of age) at the Defendant’s residence, and sexual intercourses with the victim’s cell phone (No. 1) at the time of the death of the victim, using the Defendant’s cell phone (No. 1).

Accordingly, the defendant taken the body of another person who may cause sexual humiliation or shame by using a mobile phone with a camera function against his will.

4. The photograph taken by the Defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at around 09:35, Jan. 11, 2014, of the victim D and E who were in custody of the Defendant’s cellular phone (Evidence 1) and of sexual intercourse with the Defendant.

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