아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault, 80 hours against the defendant.
Comprehensively taking account of the following: (a) the summary of the grounds for appeal (unfairly unfair) that the Defendant recognized the Defendant’s crime; (b) the Defendant was growing up in a family environment in which the Defendant was infinite; and (c) the Defendant was in a normal teaching relationship with the victim at the time of the instant crime; and (d) there was no fact that the Defendant exercised force to the victim in the course of the instant crime, the lower court’s punishment (a prison term of three years; (b) was too unreasonable.
In view of the fact that planned sexual intercourses with the victim who is a minor with the purpose and means of committing the crime, such as producing, providing, and selling obscene materials, the defendant's crime of this case is subject to the minor victim's sexual desire, and furthermore, the defendant's criminal act of this case is subject to the minor victim's sexual desire. Furthermore, the case is serious and there is a need for strict punishment; the victim was seriously shock and suffering due to the crime of this case; and the victim suffered from severe shock and suffering from secondary damage, etc., the sentence of the court below is too unreasonable.
Judgment
The crime of this case takes five times of sexual intercourses with female victims, a juvenile who was under the control of the defendant receiving funds from C, and provided or sold video images, such as sexual intercourses, in return for money from C and J.
The Defendant’s crime of this case was committed with an opportunity to teach with the victim as a sexual instrument by photographing the victim’s sexual intercourse head, etc. with the victim who is a juvenile, and satisfied his/her sexual desire by taking his/her sexual organ into consideration the victim’s sexual intercourse head, etc. is also provided or sold with the image of the sexual intercourse head, etc. for his/her own economic interest, and the crime is extremely poor.
In particular, the victim's sexual intercourses are spreading on the Internet, so it is deep that sexual humiliation and healing can not be easily cured.