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(영문) 수원지방법원 2020.06.25 2020고합296
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2019, the Defendant came to know through the victim B (the name, the age of 11) and the Kakakao Kakao Stockholm open opening bank, and received photographs from the victim, thereby threatening the victim into a flag, thereby threatening the victim to a so-called "noe," and received physical photographs, etc. as a sexual exploitation.

On November 28, 2019, the Defendant sent text messages to the victim through a mobile phone at the Defendant’s residence located in Suwon-si, Suwon-si, to the victim’s cell phone in order to have the victim take pictures of the upper half of the body exposed to the chest at that time, and the Defendant continued to transmit the text messages to the victim from around 20:56 of the same day to the victim or from around 16:25 of the same month to 35 of the same month, where the victim did not have the victim come to the Defendant’s old age, the Defendant sent the text messages to the victim, “The Mali-gu, the Mali-gu, the Mali-gu, the Republic of Korea, and the Mali-gu, the Mali-gu, the head of the Mali-gu, the head of the Sin-si, the head of the Sin-si, the head of the Sin-si, the head of the Sin-si, the head of the Gu, and the Defendant had the victim take pictures from around 16:205.

Accordingly, the defendant forcedly committed indecent acts against the victim under 13 years of age, and produced child and juvenile pornography.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording records, victim’s statement recorded CDs;

1. Application of internal investigation reports (Evidence No. 7) and text messages attached thereto to the Acts and subordinate statutes related to outputs;

1. Article 11(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) (amended by Act No. 17338 of Jun. 2, 2020), the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1065, May 19, 2020).

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