logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2017.10.18 2017노164
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, and forty hours of order to complete program) is too unreasonable.

2. The judgment of the court below reveals that each of the crimes of this case committed by the defendant was committed against five victims who are children or juveniles under the age that the defendant still lacks the judgment ability, or by exposing and photographing part of body by threatening them to produce obscene materials for children or juveniles by threatening them to capture photographs and videos already transmitted, and by using them as transmission of produced children or juveniles pornography, and the nature of the crime and method of the crime is very poor, and the victim who sent pictures or videos to the defendant is not exposed to the Internet.

The fact that each of the crimes of this case is likely to have suffered considerable mental pain and shock due to each of the crimes of this case, etc. is disadvantageous to the defendant.

However, all of the crimes of this case are recognized by the defendant, and thus his mistake is against the victim, the defendant temporarily restricted to the photograph or video image transmitted by the victim and did not spread to the other persons, the defendant agreed with the victim F and H's legal representative, the above legal representative's desire to take the defendant's preference against the defendant, and the defendant seems to have made considerable efforts to recover the harm of the other victims in the trial, and the defendant is able to not repeat the crime after being treated with a mental and medical treatment, and the relation between the defendant and his family is clear, and the family members are also trying to return to the society and prevent recidivism, and the defendant has no record of criminal punishment.

The above circumstances and other circumstances.

arrow