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(영문) 부산고등법원 2015.06.18 2015노231
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is not only unfair, but it is unreasonable to exempt the Defendant from the order to disclose or notify personal information, as well as the punishment (the imprisonment for two years and six months, the suspension of execution for three years, the community service order of 200 hours, and the order to attend a sexual assault treatment lecture of 80 hours) imposed by the lower court.

2. Determination

A. The instant crime of this case on the assertion of unfair sentencing is an act of producing obscene materials by having a minor under 12 years of age who has not yet been able to determine the amount of judgment, and considering the victim’s age, method of criminal act, etc., the crime is very poor in light of the victim’s age, method of criminal act, etc., and the victim suffered mental shock, such as raising fear that his body pictures are not distributed to the Internet. The instant crime is highly likely to be subject to criticism because it may not affect the victim’s establishment of a proper sexual value view and normal emotional development. The Defendant committed the instant crime under the same veterinary method as the instant crime, even before the instant case, even if there was a history that the juvenile protective disposition was issued, and repeatedly committed the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has recognized all crimes and is in profoundly against the defendant, that he/she does not want the punishment of the defendant by mutual consent with the victim and his/her guardian, that he/she does not commit any crime after the above juvenile protective disposition, and that he/she has no specific criminal record is favorable to the defendant.

As above, comprehensively taking into account the sentencing factors disadvantageous to or favorable to the defendant and the age, character and conduct, environment, family relationship, means and method of committing a crime, motive and background of the crime, and circumstances after the crime, etc., as well as the overall conditions of sentencing as indicated in the argument of this case, such as community service and the suspension of execution attached to the defendant.

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