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(영문) 서울북부지방법원 2021.03.11 2020노1741

아동ㆍ청소년의성보호에관한법률위반(음란물소지)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, community service, 120 hours, 40 hours, and 5 years of employment restriction order) is too unreasonable.

2. The lower court determined that the possession of a child’s obscene material is likely to seriously distort the sexual awareness of the users of the given obscene material, and, as a result, provide a child’s sexual exploitation in the process of producing and producing obscene material with an incentive for inducing a child’s sexual exploitation of sex, and at the same time inducing other sex offenses against the child, and that the Defendant had the record of receiving a decision to transfer the case to the Juvenile Department due to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act committed under the age of 13), taking into account the circumstances favorable to the Defendant’s recognition of the crime and against the wrongness, and sentenced the above punishment by comprehensively taking into account all the sentencing conditions, such as the Defendant’s age, occupation, sex, environment, family relationship, circumstance of the crime, and circumstances after the crime.

In light of the fact that there is no change in the sentencing conditions compared with the original court because new sentencing data has not been submitted in the trial, and that the sentencing of the original court exceeded the reasonable scope of discretion because it is too big, in full view of various sentencing conditions revealed in the records and arguments.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.