아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be treated for 40 hours sexual assault.
1. The summary of the grounds for appeal (unfair sentencing) is deemed to be against all recognized crimes and is in depth, and there is no record of committing sexual assault before the instant case, the sentence of the lower court (five years of imprisonment, etc.) is too unreasonable.
2. As to the ex officio determination of whether a child or juvenile pornography constitutes the instant facts charged, G, M, J, and the remaining victims (L, K, and D) of the names in the instant charges were proved to constitute a child or juvenile pornography at the time the identity of the victims was verified and thus, the pictures and videos appearing therein constitute a child or juvenile pornography.
(1) We examine ex officio whether each photograph and image (hereinafter “each photograph of this case”) recorded in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) regarding children and juveniles (hereinafter “persons subject to pictures of this case”) constitute obscene materials for the use of children and juveniles.
A. The summary of this part of the facts charged is as follows: (a) from January 2020 to June 2020, the Defendant produced child and juvenile pornography by allowing the Defendant to transmit to the Defendant pictures or images taken of the body parts or images taken of the body parts of G, M, H, and name in a total of 107 times, as indicated in [Attachment Table 1] 2 to 108 of the daily list of crimes committed by the lower judgment.
B. The judgment of this court is 1) Article 2 subparag. 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter the same) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020; hereinafter the same)’s appearance of “child and juvenile pornography” to indicate sexual intercourses, self-defenses, or persons who can be clearly perceived as children and juveniles, and all or part of their body contacts with and exposing sexual intercourses, thereby causing sexual humiliation or aversion of the general public.