아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal by the defendant is unreasonable as punishment (two million won of fine) imposed by the court below is unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
A. The Prosecutor added the ancillary facts charged to the prosecution, while maintaining the original facts charged as the primary facts charged, filed an application for changes in the indictment to add the ancillary facts charged as stated in the facts of the offense of the offense of the offense of the offense of the offense of the offense of the offense of the offense of the offense of the offense of the offense of the offense of the party,
B. On June 2012, the summary of the facts charged is as follows: (a) the Defendant, at the Defendant’s home located in Mapo-gu Seoul, Mapo-gu, 105 and 908, joined the Internet web network website as a htp//www.co., Ltd.; and (b) a female student, who takes clothes that can be perceived as a child or juvenile, appeared, and engages in sexual intercourse with his/her name without exposing his/her male and sexual character so that he/she can get a multiple number of unspecified persons. Accordingly, the Defendant distributed child or juvenile pornography, such as images and videos, which contain child or juvenile sex acts or other communication media; and (c) the Defendant’s interpretation of penal provisions and penal provisions to protect the individual’s freedom and rights from the exercise of the State’s right to punishment against a child or juvenile is contrary to the principle of no punishment without law (see, e.g., Supreme Court Decision 201Da72751, Jul. 2, 2017).