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(영문) 의정부지방법원 2020.12.10 2020노1424
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A sexual assault treatment program for 40 hours is provided to the defendant.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original sentence: Imprisonment with prison labor for a year and six months, the suspension of execution for three years, the suspension of execution for 40 hours, the community service work 200 hours, confiscation, additional collection of 6,801,00 won);

2. In light of the following factors: (a) the Defendant confessions each of the crimes of this case; (b) the prepayment of the surcharge; and (c) the fact that there was no record of criminal punishment in the past, etc., it may be considered favorable to the Defendant. However, in light of the characteristics, circumstances, methods, and social harm of each of the crimes of this case including child and juvenile pornography, the Defendant’s liability for the crime is grave; and (c) the size of criminal proceeds is not much significant; and (d) the sentencing conditions under Article 51 of the Criminal Act, including the circumstances unfavorable to the Defendant, are deemed unreasonable.

Therefore, we accept the prosecutor's argument of sentencing and light.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are as stated in the corresponding column of the judgment of the court below, except where the defendant's partial statement "1.1. defendant's oral statement" in the summary of evidence is "1.1. defendant's oral statement"

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 11(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (distribution of obscene videos using information and communications networks) of the relevant Act on criminal facts; Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Articles 247 and 32(1) of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (aided and abetting a gambling space).

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