아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment below
The guilty part (including the acquittal part of the reasons) shall be reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The court below acquitted the defendant of this part of the facts charged on the ground that the defendant is not an adult, although the subject of abuse prohibited under each subparagraph of Article 17 of the Child Uniforms Act should be interpreted as not limited to adults but limited to adults. The court below acquitted the defendant of this part of the facts charged. The court below erred by misapprehending the legal principles on the subject of abuse as provided by the Child Welfare Act.
B. The sentence sentenced by the lower court (three years of suspended sentence for two years of imprisonment) is too unhued and unfair.
2. Judgment on the grounds for appeal [the part of the judgment below's conviction (including the part not guilty of the grounds)]
A. The lower court determined that the Defendant, who was only 16 or 17 years of age at the time of the instant case, was acquitted of all the charges on the ground that each of the aforementioned charges was not applicable, on the ground that each of the above charges was interpreted to be limited to “a person subject to punishment pursuant to Article 71(1)1-2 and Article 17 subparag. 2 of the Child Welfare Act, including a protector, with respect to the violation of the Child Reinstatement Act (the coercion, intermediary, sexual harassment, etc. against a child) against the victim B and C.
B. The judgment of this court 1) The Child Reinstatement Act defines “child abuse” as “an act of doing physical, mental and sexual violence or cruel acts that may harm the health or welfare of a child or impede the normal development of a child, and a child’s guardian abandons or abandons the child,” under Article 3 subparag. 7 of the Act on the Prevention and Prevention of Child Education in Section 2 of Chapter 3.
Meanwhile, Article 17 of the Child Welfare Act provides that no person shall commit any of the following acts, and subparagraph 2 provides that "no person shall commit any obscene act against a child."