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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant operated a site of D, which is for those with SM(s) inclinations, on a sexual basis.
1. No person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) shall produce obscene materials for children or juveniles (the appearing of children or juveniles, or persons or representations that can be clearly perceived as children or juveniles, and similar sexual intercourse using parts of body, such as mouth and anus, or implements, in whole or in part or in part, or contact and exposing with implements, thereby causing sexual humiliation or aversion of the general public, such as self-defense, or engaging in any act falling under any of the acts, such as self-defense, or other sexual acts, or expressing other sexual acts, in the form of a film, video, game software, or image or image, etc. through computers or other communications media);
Nevertheless,
A. On February 8, 2005, the Defendant produced child and juvenile pornography by using a camera in the office of the victim F (n, 17 years of age) located in Yangcheon-gu Seoul, Seoul, using a camera to photograph the head of a sexual relationship with the victim F, who is a child or juvenile, and by storing them in a CD at the Defendant’s home on November 25, 2007 and April 16, 2008.
B. On July 5, 2008, the Defendant, at the Defendant’s house located in Seongbuk-gu Seoul G Apartment 110 Dong 902, taken a face of the Defendant’s sexual intercourse with the Victim H (W, 16 years old) who is a child or juvenile, using a camera at the Defendant’s home, and produced child or juvenile pornography by storing it in CDs at the Defendant’s home on July 5, 2008.
C. On July 10, 2008, the Defendant, using a camera at the Defendant’s office located in Seongbuk-gu Seoul G apartment 110 dong 902, taking photographs of the head of the Defendant’s sexual intercourse with the Victim H (the age of 16, the female) who is a child or juvenile, and on July 10, 2008.