아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
The prosecutor's appeal is dismissed.
The judgment below
The third party's "the point of distribution" is raised as "the point of exhibition".
1. Summary of grounds for appeal;
A. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment and three years of suspended execution, etc.) is too unhutiled and unfair.
B. It is unreasonable for the lower court to exempt the Defendant from the employment restriction order even though it is difficult to deem that there are special circumstances to deem that the Defendant would not issue an employment restriction order.
2. Determination
A. The Defendant has produced obscene materials using a victim who is a child or juvenile subject to social protection and possessed them, and openly displayed them on two occasions through the Defendant’s account. The legislative purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse is to protect children and juveniles from sexual abuse or exploitation, protect children and juveniles from responsibility and grow up to healthy members of society by severely punishing a person who has committed sexual acts against children and juveniles. Child and juvenile pornography also promotes a distorted perception and abnormal sense of sex to the victims, and thus, there is a need to protect children and juveniles from potential sexual crimes, which may arise from fundamentally blocking “production” using children and juveniles, and in particular, if obscene materials are produced through the Internet and other information and communications media, it is highly probable that they will be punished against each of the instant crimes regardless of the intention of their respective producers and needs to be provided.
On the other hand, however, there are circumstances that can be considered in the following circumstances.
The defendant uses the victim who is a child or juvenile.