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(영문) 부산고등법원 (창원) 2021.02.03 2020노257
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The main reason for appeal is that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, three years of suspended execution, etc.) is too unhued and unfair.

Judgment

Each of the crimes of this case refers to giving money to the victim who is a juvenile with a lack of sexual values and judgment ability, by taking photographs and videos taken by the defendant to the victim.

In other words, if the victim wants to delete the above pictures and videos from the victim's body by transmitting photographs and videos, etc. taken by the victim's body from the victim, the victim's use of the child and juvenile pornography is produced, and if the victim wants to delete the above pictures and videos, the victim demanded to photograph and transmit the videos with a high-level body part of the victim's speech, but it is an attempted crime. However, in light of the crime's circumstances and method, etc., the crime liability is heavy; the victim seems to have suffered considerable mental and physical pain due to each of the above crimes; the victim's use of the child and juvenile pornography is likely to have suffered considerable mental and physical pain regardless of the manufacturer's intent; and the victim's actual distribution is likely to have significant influence on society if it is distributed, as well as the victim's damage remaining, which is difficult to recover from the victim, and thus, it is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized each of the crimes of this case and divided the wrongness in depth, that the defendant made a serious effort to reach an agreement, that the victim expressed his intent not to be punished against the defendant through the legal representative, that there is no criminal history against the defendant, and that the circumstances in which the photograph or video files related to the victim were leaked are favorable to the defendant.

In addition, the above circumstances and the defendant's age, sex, environment, and motive and circumstance leading to each of the crimes of this case, and the crime is committed.

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