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(영문) 부산고등법원 2020.12.10 2020노252
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) It is improper that the court below did not forward the case to the Juvenile Department even though there is a reason that the case constitutes a protective disposition in this case.2) It is improper that the sentence imposed by the court below against the defendant (two years and six months of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The crime of this case committed the crime of this case by the defendant, who was a child or juvenile, known to open opening the Kakakaox, demanded the victim's face and chest photographs from the chest continuously and continuously, and made the victims take a dynamic image to receive transmission or dance, and then forced the victims to commit indecent act and produce child or juvenile pornography by receiving transmission of the video.

The court below held that the defendant committed an indecent act by threatening the victims as if he were to spread their body photographs, and received and stored pictures, videos, etc. emitted from the victims, and the victims were the victim's sexual satisfaction, and the victims were not older than 12 and 13 years old at the time of committing the crime, and the victims were likely to have a big mental shock, and the victims were likely to be hindered in forming sound sexual identity and values due to the crime in this case. However, the court below held that the defendant was recognized as committing the crime from the beginning, the defendant did not have any record of criminal punishment prior to committing the crime in this case, and that there was no record of spreading pictures and videos transmitted by the victims, and that the defendant committed an intentional act by paying a considerable amount of agreement to the victims, and expressed his intent that the victims were not punished.

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