J. G.
La SThe Criminal Appeals Wing of the Superior Court of Justice of Andalusia (TSJA) has confirmed the sentence of six months in prison to a 27-year-old for sending a photo with an erect penis to a minor whom he had met through social networks. The Andalusian High Court has confirmed the sentence that the Court of Seville imposed on April 6, 2021 on the accused, David MN, who, in addition to the prison sentence, imposed the prohibition of communicating with the minor for two years and of participate in computer chats for the same timeas well as to compensate the minor in the amount of 3,000 euros.
The ruling declared as proven facts that the defendant, in August 2017, from his Instagram social network profile, contacted the minor, then 11 years old. After gaining her trust and giving her her phone number, which the minor added to her contacts with the identification of “First”, managed to get it to facilitate the one used by her, “maintaining a long-distance relationship through the WhatsApp application, “with conversations and exchange of photographs and videos some of them with sexual content, until the mother of the minor became aware of this relationship and He withdrew his mobile, the last communication being on September 18, 2017 through said applicationalthough no longer with the minor but with the person who performed the functions of her grandmother who tried to find out, by posing as her, what was happening and to protect her”.
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During the relationship, prior to September 6, 2017 or that same day, David MN, from his phone and through the Whatsapp application, “being aware of the age of the minor” sent him to the mobile “a file with an erect penis that the minor saw and shared with one of her contacts identified as My Sister.”
The TSJA has dismissed the appeal filed by the defendant’s defense against the Court’s ruling, noting that “no spurious or heinous motives are detected that could have led” the minor to testify against the defendant, “With whom he maintained excellent relations that led him, in the belief that he was also a minor, to exchange intimate photos and videos of sexual content, until relatives of the minor discovered what was happening”.
The testimony of the minor also enjoys an “undoubted internal consistency and is persistent, having been repeated throughout the procedure without contradictions worth mentioning,” says the court, which also recalls that it was corroborated by the expert report practiced by the Group of Technological Crimes of the Police Station of Seville.
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