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(영문) 광주지방법원 2020.04.29 2019노3177
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year and six months of imprisonment) by the lower court, the Defendant asserted that it is too unreasonable for the Defendant, while the prosecutor appealeded that it is too uneasible and unreasonable for the prosecutor.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime, and is an initial crime without any criminal record.

The second damage was not occurred due to the spread of the images taken by the defendant.

On the other hand, the defendant possessed and distributed child and juvenile pornography, and taken the sexual intercourses with victims over a total of 31 times for about four years, and the nature of the crime is not good in light of the content, period, and frequency of the crime.

In addition, the defendant was unable to receive a letter from the victims.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is too heavy or somewhat

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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