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(영문) 대법원 2015.02.12 2014도11501
미성년자의제강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Defendant case

A. (1) As to the production of child or juvenile pornography, the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Listening Act”).

Article 8(1) provides that a person who produces, imports, or exports child or juvenile pornography shall be punished by imprisonment for a limited term of not less than five years, and Article 2 Subparag. 5 provides that “child or juvenile pornography refers to any expression in the form of a film, video, game software, or picture, image, etc. in the form of a film, video, game software, or any other medium of communication that expresses an act falling under any of subparagraph 4 or any other sexual act by appearing a person or representation that may be perceived as a child or juvenile, or a person or representation that may be perceived as a child or juvenile,” and Subparag. 4 of the same Article provides that “each item”.

sexual intercourse,

B. Similar sexual intercourse using part of the body, such as the mouth and anus, or implements;

(c) Contacting or exposing all or part of the body, which causes sexual humiliation or aversion of ordinary people;

D. Article 2 subparag. 5 and 4 of the former Act provides for the punishment of acts of producing child or juvenile pornography, etc., while Article 8(1) of the same Act provides for the punishment of acts of producing child or juvenile pornography, etc. as a requirement for the establishment of the crime, and does not add the intent of production, etc. or whether obscene materials have been taken against the child or juvenile’s will.

In addition, by strictly punishing persons who have committed sexual acts against children and juveniles, protecting children and juveniles from sexual abuse or exploitation, and children and juveniles are responsible.

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