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(영문) 부산고등법원 (창원) 2020.04.22 2019노327
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The defense counsel in the summary of the grounds of appeal asserted mistake of facts and misapprehension of legal principles in the grounds of appeal, but the defendant and the defense counsel have withdrawn all of the charges of this case since all of the charges of this case were led to the confession during the second trial of the court of appeal.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. Each of the instant offenses is that the Defendant made the victim under the age of 16 by threatening to make and transmit online a obscene material that he/she taken the victim’s body. In light of the background, method, contents, etc. of the instant offense, the criminal liability is more important, the possibility of criticism is very high, and the victim and his/her family members were suffering from extreme mental impulse and pain due to each of the instant offenses, and the victim’s future sexual identity and values are expected to be an obstacle to life with sound sexual identity and values.

On the other hand, it seems that the defendant has committed each of the crimes of this case in the second grade of high school at the time of each of the crimes of this case, and the defendant seems to have committed each of the crimes of this case in the first grade of high school at the time of each of the crimes of this case, and it appears that the photograph and video of the victim acquired by the crime of producing obscene materials of this case were not distributed or provided to a third party. The victim does not want the punishment of the defendant in the first instance of the trial, and the defendant shows sufficient possibility of future improvement and edification, such as the social early birth of the 20 years old, without any other criminal power, as well as family members, clearly have a strong guidance to the defendant, and his family members have a strong guidance to the defendant, and that he want to dissipe his wife.

The above circumstances and other circumstances.

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