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(영문) 대구고등법원 2021.01.27 2020노424
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a 3 years and 6 months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant repeatedly against children, juveniles, etc., taken the sexual intercourses with them as mobile phones, and threatened the victim B, who is the other party to sexual intercourse, using the video taken, and the nature of the crime is not good in light of the age, frequency, method, etc. of the victimized children and juveniles.

The crime of buying sex of children and juveniles not only prevents the sound growth of children and juveniles at the stage of establishing their sexual identity and values, but also affects the settlement of sound sexual culture in our society. In particular, the Defendant is crypted to commit a crime by photographing the head of the sex relationship with them by taking them back and using them as a means of intimidation or transmitting them to others.

However, the defendant recognized all of the crimes of this case and expressed his attitude to reflect in depth his mistake.

At the court below, the defendant agreed with two victims, and this court agreed to recover additional damage to the mother of the victim K (a person) who agreed in this court, and expressed his/her intention that the rest victims except the victim S (a person who is unable to know his/her personal information) do not want the punishment of the defendant.

It does not seem that the sexual relation images taken by the defendant were distributed to many unspecified persons.

The defendant has no record of criminal punishment other than being sentenced to a fine twice as a crime of violating the Road Traffic Act in the past.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court on the Defendant is responsible.

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