아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
The Act on the Protection of Children and Juveniles against Sexual Abuse against Victims B.
1. The summary of the grounds for appeal is unreasonable because the punishment (such as production, distribution, etc. of obscene materials) imposed by the court below against the defendant (the punishment of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims B (the production, distribution, etc. of obscene materials) and violation of the Child Welfare Act (the coercion of a child and a violation of the Child Welfare Act) is too unreasonable.
2. The crime of this case in determining the grounds for appeal is that the victim, who was a child or juvenile, known to the Defendant through the Messenger case, committed sexual abuse against the victims by having the victims do obscene acts and photograph and transmit them to the Defendant, and at the same time, produced and possessed obscene materials for children and juveniles.
The defendant had induced children and juveniles victims for monetary compensation such as their age, gender disguised, money, and so on, in order to lower the border judgment of the victims, and was subject to crime.
In order to induce sexual ethics officers to conduct dynamic and obscene acts against children who have not been fully established and have not been able to judge, they used them as sexual instruments to meet their desire.
The face and body of the victims can be identified in the obscenity video produced by the defendant, and the obscenity produced by digital method is very likely to spread as it is virtually impossible to fully delete the obscenity.
The nature of crime is bad and serious in light of the method of crime or the mental impulse and fear that children and juveniles receive.
It is highly likely that the victims who are children or juveniles could distort their sound sexual identity and exert an adverse influence on physical and mental development.
However, the defendant showed an attitude from the investigation stage to the trial court to recognize and reflect all of the crimes.
The defendant is the victim.