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(영문) 서울고등법원 2019.05.09 2019노439

아동ㆍ청소년의성보호에관한법률위반(강간)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. For the following reasons, the lower court erred by misapprehending the legal doctrine or erroneous determination of facts or misapprehending the legal doctrine on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), and the “child and juvenile pornography” under Article 2 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse should be interpreted by reducing it to “the expression of child and juvenile sexual intercourse or self-defense.”

The facts constituting the crime No. 1-b. of the judgment of the court below concerning the victim B's chest.

1) The images referred to in subsection (1) do not fall under this category. (b) There are special circumstances in which the Defendant’s personal information should not be disclosed and notified to the public.

2) The lower court’s sentence on the assertion of unfair sentencing (six years of imprisonment, etc.) is too unreasonable. B. The prosecutor’s (the Defendant’s act of having a female expose his body while making a victim B and video conversations on July 19, 2018) constitutes “sexual abuse under Article 17(2) of the Child Welfare Act.”

On the contrary, the court below erred by misapprehending the legal principles or mistake of mistake.

2. Determination of the accused case

A. The defendant's assertion of mistake of facts or misapprehension of legal principles is without merit.

1) As to whether a child or juvenile pornography constitutes a child or juvenile pornography, Article 2 subparag. 5 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “child or juvenile pornography” refers to the appearance of a child or juvenile, or a person or representations that can be obviously perceived as a child or juvenile to commit an act falling under any of subparagraph 4 of Article 2 or other sexual acts, and is in the form of film, video, game software, or image image, etc. via a computer or other communications media.

The protection of children and juveniles against sexual traffic.