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(영문) 서울고등법원 2017.10.12 2017노2049
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of two years and six months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. The fact that the defendant led to the confession of each of the crimes in this case, and his mistake is divided, the defendant appears not to spread his photograph or motion picture transmitted by the victimized child to others, and the defendant is the first offender who had no record of committing any crime before each of the crimes in this case, and the young age of 20 years old still seems to have room for edification improvement.

However, the Defendant committed each of the crimes of this case by allowing victimized children to do obscene acts while communicating with the victimized children by using those known to Galoneds of the victimized children, and photographing them with pictures and videos in a total of five times by transmitting them to his/her mobile phone, and producing obscene materials for the use of children, such as a number of pictures and videos, etc., which are produced in a total of five times by transmitting them to his/her own mobile phone. The victimized children who are only nine years of age, shall be punished by committing the crime, and the victimized children shall have the victimized children put their fingers, etc. into a negative part or commit self-defense, and shall have the victimized children do the act by transmitting the address, etc. of his/her own video and obscene site to follow the obscene video, etc., and in light of the circumstances, object, frequency, etc. of the crime, the crime committed is very poor.

A victimized child has suffered damages in this case in the absence of full sexual identity or values and of understanding the meaning of sexual acts properly.

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