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(영문) 대전고등법원 2021.02.05 2020노401
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of two years and six months) is unreasonable.

2. The lower court: (a) took into account the following circumstances into account: (b) the fact that the victim under 13 years of age, whose sexual identity and values have not been established, was extremely poor in the quality of the crime of this case committed by the Defendant approaching the victim’s false speech; (c) the production of obscene materials by children and juveniles, which is highly likely to be subject to criticism as a crime contrary to human dignity and dignity; (d) the fact that the Defendant was the first offender who has no record of criminal punishment; and (e) the victim’s legal representative expressed his/her intent that he/she would not want the Defendant’s punishment; and (e) took into account the circumstances favorable to the Defendant; and (e) determined the Defendant’s punishment by comprehensively taking into account various sentencing conditions specified in the trial, including the Defendant’s age

The victim of the instant case was very old who is subject to sexual acts or is unable to exercise his/her right to sexual self-determination, and the Defendant is also aware of such fact.

Nevertheless, the defendant, using the victim's n'e age and aesthetic judgment power, continuously and specific instructions without any doubt, produced obscene materials by using the victim.

Although the defendant did not distribute obscene materials to any other place, the defendant did not disseminate them.

However, obscenity using children and juveniles is a very serious threat to the victim by itself.

The defendant's starting of the defendant's act of threatening a victim shows that the defendant well recognizes that obscene materials used by children and juveniles become a major means of threat.

The nature of the crime of this case and the provisional termination to the victim and society as a whole are the whole contents of this case, such as adverse effects, etc.

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