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(영문) 서울동부지방법원 2017.08.11 2017고합134
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant became aware of the Victim C (13 3) while running Internet game, and the victim was aware of the fact that he was a minor when he was sent a photograph of the victim from other games while he was receiving the victim's testimony from the victim of the D organization wing with other lusing people, including the victim, to hear the victim's non-satisfic statement about the female-friendly room.

1. On December 23, 2016, the Defendant forced the victim to capture a photograph of the victim to the Internet unless he/she sent the victim a photograph of his/her sexual organ to the victim via D in the Defendant’s residence located in Songpa-gu Seoul, Songpa-gu, Seoul.

By intimidation, the victim's sexual organ photographs and self-defensive photographs were taken from the victim of frighten, and transmitted them to the victim.

On December 23, 2016, the Defendant continued to capture the victim’s sexual picture on the Internet without sending it to the victim by photographing his/her written photograph through D on December 23, 2016.

In order to make the victim take photographs of the victim's resistance from the victim of frighten, the victim taken the photographs and sent them to the victim.

On December 24, 2016, the Defendant continued to distribute the victim’s sexual picture to the Internet without sending it to the victim by photographing the body pictures through D on December 24, 2016.

By intimidation, the victim took photographs of the victim's body from the victim of frighten, and transmitted them.

As above, the Defendant threatened the victim to perform a non-obligatory act.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials), received and kept the victim’s sexual picture, self-deficial photo, anti-litic photo, and balmic photo with awareness that they were obscene materials for use by children and juveniles at the same time and place as paragraph (1).

As above, the Defendant possessed the obscene material with the knowledge that it is a child or juvenile pornography.

3...

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