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(영문) 인천지방법원부천지원 2020.08.28 2020고합108
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

[200 Gohap108] The Defendant, at the request of an unspecified number of people through one’s account (C) in early 2017, had a view to producing and distributing “pactic bath photographs” by combining another person’s face photographs with obscene pictures containing sexual intercourses between men and women.

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 any child or juvenile pornography;

Nevertheless, around February 9, 2017, at the defendant's house located in Seocheon-si D, and the defendant's house located in E, through the defendant's account, the defendant requested the victim F (n, 16 years old), who is a child or juvenile, to be provided with personal information, such as pictures of the victim F (n, 16 years old) who is a child or juvenile, and thereby made obscene pictures by combining the victim's face pictures, name, address, telephone number, etc. with obscene pictures using the Potototop program, and then produced obscene pictures by combining the victim's face pictures, name, address, and telephone number, from that time to September 8, 2019.

2. On February 9, 2017, the Defendant: (a) received from a person without a name, in the same manner as described in paragraph (1) at the place specified in paragraph (1), personal information, such as the victim G (n, 19 years of age), school, etc., from the person with no name, and received a request from the person with no name, to send obscene pictures syntheticly; and (b) accordingly, he/she received the request from the person with no name, thereby making an obscene photograph; and (c) accordingly, made an obscene photograph by combining the victim’s face photograph, name, address, telephone number, etc. with a similar method until September 11, 2019.

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