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(영문) 서울고등법원(춘천) 2020.09.02 2020노86
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The lower court sentenced the Defendant to dismiss the prosecution on the charge of intimidation among the facts charged, and sentenced the Defendant guilty on the remainder of the facts charged.

The prosecutor and the defendant appealed only for each guilty part.

Accordingly, since the dismissal part of the judgment of the court below is separately confirmed, the scope of this court's judgment is limited to the conviction part of the judgment below

2. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (three years of imprisonment, etc.) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

3. The facts of the instant crime are all acknowledged by the Defendant, the victims who did not want the punishment of the Defendant among the victims by mutual agreement with the victims B and E, and the data that the Defendant distributed or provided the victims’ photographs to a third party cannot be found, and the fact that the Defendant has no criminal record is favorable to the Defendant.

However, on the other hand, the crime of this case is committed by the defendant, while holding the victims and the victims who are children or juveniles with economic incentives, and by allowing them to transmit pictures or videos taken by the victims of their body, and by allowing them to do obscene acts to the victims or to photograph and transmit such videos. The legislative purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse is to protect children and juveniles from sexual abuse or exploitation, protect them from sexual abuse or exploitation, and grow up to the healthy members of society. Article 11 of the same Act is to produce and distribute obscene materials using children and juveniles, sexual assault against children and juveniles, etc.

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