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Defendant
In addition, each appeal filed by the person subject to the attachment order and the prosecutor shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant and the person against whom the attachment order was requested (hereinafter only referred to as the Defendant), there was no fact that the Defendant was keyed to the victim, and the key was found.
Even if it is not against the victim's will, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts against the rules of evidence.
(2) The violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials) which the lower court found guilty does not constitute the elements of Article 8(1) of the said Act for the following reasons.
① In light of the forms and systems of Articles 2 subparag. 4, 5, and 8 through 12 of the above Act, “child or juvenile pornography” should be interpreted as the premise of “act of purchasing child or juvenile sex”. In this case, the Defendant lacks such premise.
② The Defendant’s simple photographing act should be distinguished from the concept of “production” under Article 8(1) of the above Act, and it is merely an act of preparation for production, and it is difficult to deem that the Defendant started to implement such act
(3) The sentence of imprisonment (five years of imprisonment) imposed by the lower court is too unreasonable.
B. In light of the public prosecutor (1) misunderstanding of facts, misunderstanding of legal principles, the victim’s H dialogue, the victim’s consistent statement, etc., the Defendant ought to be deemed to have been aware that the victim was under the age of 13, or was aware of at least dolusently, the victim was under the age of 13. Moreover, the Defendant may also be deemed to have taken pictures of the victim’
Therefore, the court below acquitted the defendant of the injury caused by rape, etc. among the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the use and photographing of cameras, and the indecent act by compulsion of minors under the age of 13.