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(영문) 대법원 2013.09.12 2013도502

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The interpretation of penal provisions shall be strict, and it shall not be permitted because it is against the principle of no punishment without the law to excessively expand or analogically interpret the meaning of the provision of an express statement to the disadvantage of the defendant

(1) Article 2 subparag. 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201) and Article 2 subparag. 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); and Article 2 subparag. 5 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) stipulate that “child and juveniles” or “persons or representations that may be perceived as children, juveniles, or juveniles” appear to commit an act falling under any of subparagraph 4 or other sexual acts, and defined as “child and juveniles’ obscene acts” as “child and juveniles’ obscene acts,” and Article 8(1) of the same Act provides for “the production or import of children or juveniles’ pornography, etc., or the exportation of children or juveniles’ obscene acts as “the aforementioned acts”.