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(영문) 대구지방법원 2016.02.17 2015고합455
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 23, 2015, at around 21:54, the Defendant: (a) carried out the printing of the instant app to the victim G (hereinafter referred to as “the age of 11”) known from the “F” in the instant app in the offline string room in the Southern-Namnam-gun, Gyeongnam-gun, the Defendant: (b) carried out the printing of the instant app to the victim G (the age of 11); and (c) affix a photograph to the panty and a photograph.

I ambling and affixing a photograph to be considered.

The victim requested the victim to photograph and send the sound pictures by sending the message to the purport that “,” and the victim had the victim photograph the sound of the victim’s mobile phone, and received five copies of the photograph taken by using the above app Messen function to the Defendant’s mobile phone.

As a result, the Defendant, who is a child or juvenile victim, was exposed to all or part of the body, produced obscene materials using children or juveniles in the form of images or videos, etc. using computers or other communication media, which expressed contents that may cause sexual humiliation or aversion of ordinary people, and expressed obscene acts to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Police seizure records and list of seizure;

1. Application of the contents of conversation (Evidence 3) Acts and subordinate statutes;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 11 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the production of obscene materials by children and juveniles and the choice of imprisonment with prison labor), Article 71 (1) 2-2 and Article 17 subparagraph 2 of the Child Welfare Act (the fact that a person compels a child to engage in lewd conduct and the choice of imprisonment with prison labor) concerning the crime;

1. Aggravation of concurrent crimes with punishment prescribed for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) with heavier punishment (limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 48(1) of the Criminal Act of confiscation.

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