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(영문) 서울고등법원 2013.10.11 2013노2490
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of two years and six years of suspension of execution of two years and six years of imprisonment and the fine of three million won) is too uneased.

2. The crime of this case, which is merely 15 years of age, requires this juvenile who is merely 15 years of age to be exposed with his chests and scarcitys, or take pictures or videos of his sexual intercourses with him, and has the above juvenile sent by affixing his pictures or videos. The crime of this case is very poor because the above pictures and videos are possessed or posted on the Internet, and there is a very high possibility of criticism by taking pictures or videos to meet his sexual desire, and there are many photographs and videos that are taken by the above juvenile, and the above juvenile has been posted on the Internet without his consent.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the whole of the mistakes and reflects their depth, and did not seem to have been for-profit purposes, and that the defendant did not photograph obscene pictures or videos against the will of the above juvenile, and that the video which the above juvenile wants to delete was deleted immediately, and that the defendant did not have any criminal power and is living in a relatively faithful workplace.

In addition, comprehensively taking account of the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, etc., it is difficult to accept the Prosecutor’s allegation in the grounds of appeal on the grounds that the lower court’s punishment, including an order to attend sexual assault treatment courses for a period of 120 hours, is deemed unreasonable.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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