아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. With regard to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the victim's name in this part of the facts charged was not proven at all. Moreover, it cannot be deemed that the victim is a female high school student under 17 years of age who is a child or juvenile, and the photograph taken only a part of the body without the victim's face without the victim's face, and it cannot be deemed that the victim is clearly aware of the fact that he is a female high school student under 17 years of age.
In addition, in light of the dialogue between the defendant and the above victim, it is not illegal that the victim's physical photographing and its transmission act would result in the free decision of the victim with a sacrific power without coercion of the defendant or payment of monetary compensation.
B. The lower court’s sentencing is too excessive and unreasonable.
2. We examine ex officio the defendant's above reasons for appeal prior to the judgment ex officio.
With respect to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), among the facts charged in the instant case, the prosecutor changed the name of the crime into “violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscenity),” and changed to “Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity): Provided, That according to the established rules on the name of the crime stated in indictment and non-prosecution of indictment, even in the case of attempted crimes, the name of the crime shall be indicated as “Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity)”, and the applicable provisions of the Act to “Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse” shall be changed to “Article 11(6) and (1) of the Act