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(영문) 의정부지방법원 2017.08.23 2017고합35
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, with respect to Defendant A, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On March 18, 2016, the Defendant, from around 16:57 to around 17:53 of the same day, took a sexual intercourse with the victim G (V, 14 years old) who is a juvenile under the teaching system with the Defendant’s cell phone camera, and stored the Defendant’s cell phone images of six copies of the victim’s sexual intercourse and three copies of the victim’s sexual intercourse using the Defendant’s cell phone camera, and stored them in the Defendant’s cell phone.

As a result, the Defendant produced obscene materials for children and juveniles.

B. On March 25, 2016, the Defendant, from around 17:32 on March 25, 2016 to around 18:18 of the same day, stored the Defendant’s mobile phone in the studio room of “I” located in the Gu Council H, while having sexual intercourse with the victim in the manner described in the foregoing paragraph (a) while photographing three the victim’s sexual intercourse with the victim and three copies of the victim’s sound and chest, and stored them in the Defendant’s mobile phone.

As a result, the Defendant produced obscene materials for children and juveniles.

2. Defendant B

A. On May 11, 2016, the Defendant violated the Act on Compelling the Prevention of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) against the victim’s sexual message sent and sent to the victim through the Defendant’s vehicle parked in the area of not more than the Gangnam-gu Seoul Cheongdamdong, Gangnam-gu, Seoul, and through the “J”, prior to the Defendant’s issuance of Mesengers, “I am on the so-called so-called “B.”

Sending Nabal photographs. At the same time, he/she shall spread the dialogue he/she had franced to Kaga L and M.

“Dispatching a Terrorism message”

In addition, the victim taken three copies of his body photograph, two copies of his body photograph, and one video image, and transmitted it to the mobile phone of the defendant.

Accordingly, the defendant forced the victim to perform a non-obligatory act by threatening the victim, and stored the above pictures and videos in the mobile phone of the defendant, thereby producing child and juvenile pornography.

(b) a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

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