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(영문) 대전고등법원 2018.05.04 2017노481
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

For a period of five years, information about the defendant.

Reasons

1. Summary of grounds for appeal;

A. On August 18, 2017, prior to the pronouncement of the lower judgment, the victim G expressed his/her intention not to be subject to criminal punishment against the Defendant regarding the crime of intimidation and the crime of intimidation among the lower judgment by misapprehending the legal doctrine.

Therefore, the part of the judgment of the court below regarding the crime of intimidation is unlawful since it was found that the victim had expressed his intention not to prosecute the crime against the clearly expressed intention of the victim.

B. The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscenity) among the instant crimes by misapprehending the legal principles on the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscenity) is inevitable to be inevitably accompanied by the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (distribution, etc. of obscenity). Therefore, the lower court’s judgment that determined that the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (distribution, etc. of obscenity) and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (distribution, etc. of obscenity) are an unlawful act by misapprehending the legal principles on the relation of the number of crimes.

(c)

The sentencing of the judgment of the court below (a three-year imprisonment, a disclosure notification order between five-years, an order to complete sexual assault treatment program 80 hours, and confiscation) against the defendant is too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

For the first time, the Prosecutor committed sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation, from the time of committing sexual abuse, etc. by committing obscene acts against the victim to March 7, 2017, as shown in the attached Table (2) of the crime committed from March 7, 2017, against nine children, such as sexual harassment, which causes a child to feel sexual humiliation.

“The victim shall be sexually abused, etc.”

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