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(영문) 서울고등법원 2020.05.07 2019노2811
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable;

2. The lower court determined that a crime of producing obscene materials by using a child or juvenile is an anti-ethic act against a child or juvenile with a high need for social protection as well as an act of sexually infringing on the victim’s personality, and that the act of taking sex or sensitive physical parts against the victim’s will is also an act of serious infringement on the victim’s personality. The Defendant, as an adult, has produced them for a large number of victims beyond holding a child or juvenile pornography while neglecting his/her responsibility for growth and delivery as a member of our society and without any responsibility for them, and led to the production of them for a large number of victims; the Defendant did not receive a letter from the victims; the Defendant did not receive any specific damage recovery; and the Defendant was sentenced to a punishment in consideration of the circumstances favorable to the Defendant.

The lower court’s sentencing seems to have been appropriately determined taking into account the aforementioned various circumstances, and no new circumstances or special changes in circumstances that could be reflected in the sentencing after the pronouncement of the lower judgment do not appear (in the first instance court, the prosecutor applied for the correction of the number of obscene materials listed in the attached Table 1, as follows, from 270 to 235, and received it, but it is difficult to view that it is a reason to have a particular impact on the sentencing of the Defendant merely excluding overlapping parts without substantial change or reduction of the object to be tried.) Other factors, such as the Defendant’s age, character, character, environment, family relationship, motive and means of the instant crime, circumstances after the instant crime, and the result of the judgment prior to the judgment of the probation office, are comprehensively considered.

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