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(영문) 부산고등법원 2021.02.04 2020노592

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") is too unreasonable.

B. Prosecutor 1) The lower court’s judgment in the part of the Defendant case is deemed to be too uneasible and unfair.

2) The part of the case for which a request to attach an attachment order is filed is that the defendant was subject to a disposition to forward the juvenile protection case due to a violation of the Act on the Protection of Children against Sexual Abuse (Rape, etc.).

Nevertheless, it is improper for the court below to dismiss the defendant's request to attach an electronic device.

2. Determination

A. The crime of this case as to the part of the defendant's case was committed by threatening the victims known through Internet hosting, by causing the victims to act of similarity, by causing them to act of similarity, or to photograph the victims' specific body parts in photographs or videos, and by transmitting them, and distributing or openly displaying the transmitted photographs or videos in group hosting rooms or by registering them on the screen screen.

In light of the victim's age, the contents, frequency of the defendant's motion pictures and photographs requested by the victims, and the contents of intimidation, etc., the court below takes into account the following circumstances: (a) there is a very poor nature of the crime; (b) it appears that the victims of the age are likely to feel serious mental impulse and sexual humiliation; (c) there is a high possibility that they may adversely affect the formation of sexual identity and values in the future; and (d) the defendant was unable to use them from most victims and their guardians; and (e) he was punished by the defendant. However, the court below held that the defendant was guilty; and (b) the defendant was punished by a criminal punishment other than the crime of this case.