아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 40 hours against the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, etc. in one year and six months) is too unhued and unreasonable;
2. The judgment of the defendant shows the attitude of reflecting the defendant's criminal act, and the fact that the defendant has no record of criminal punishment so far is favorable to the defendant.
However, the Defendant provided C with financial support so that C had a sexual intercourse with a female victim, who is a juvenile, taken five times, and was provided with images such as the above sexual relationship.
In order for C to facilitate the production of child and juvenile pornography, the Defendant transferred KRW 6 million to C, for example, the cost of leasing officetels and the cost of purchasing photographing devices, and C up to selling obscene materials by advertising the said money to sted with sted and sted, and selling the Internet carpet that produces the obscenity and trades obscene materials.
The Defendant’s act ought to be evaluated as a “producer” of so-called obscene materials, and such an act ought to be taken into account when determining the type of the Defendant’s punishment.
The victim of the instant case suffered sexual humiliation and deep mental suffering that could not be seen as spreading on the Internet. Due to the characteristics of digital video media, the victim’s exposure to the risk of continuing damage in the future is difficult to know when and wherever the said images will return to the Internet.
In addition, even though the production and possession of child and juvenile pornography still spreads, the overall critical perception of society that excessive punishment is less severe than that of such social harm can not go beyond rice.
As such, even if the maximum consideration of the above favorable circumstances is given to the defendant who committed a crime with a large amount of punishment and criticism, a serious criminal liability corresponding to the liability for the crime must be taken into account.
It seems that the punishment of the court below is insufficient to ask the defendant for the charge of the crime.
Therefore, the lower court against the Defendant.