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(영문) 부산고등법원 2021.02.04 2020노588
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (such as imprisonment with prison labor for three years) is too unreasonable.

2. The Defendant received 28 files from the victims of the irscopic injury to receive and sent 28 obscene materials for use by children and juveniles. The Defendant, by threatening the victims E, taken 13 files, such as the chests and the negative photographs, let them do a non-obligatory act by transmitting them, and, at the same time, produced and possessed the obscene materials for use by children and juveniles.

In light of the methods, contents, frequency, etc. of each of the above crimes, the quality of such crimes is not very good.

In addition, it is also possible to criticize the victims of the age who have not sufficiently developed their own ability to judge and self-defense ability due to mental and physical weakness as a means of gathering their sexual desire, and it is also a crime that has a great adverse impact on the victims who are juveniles at the stage of establishing their sexual identity and values.

It seems that victims have suffered serious mental distress to the extent that they are unable to live a normal life, and it is difficult to completely recover damage caused by prisoners of war such as exposure photographs.

However, it seems that the photograph or image taken of the body of the victims of this case has not been disclosed or leaked to a third party.

The Defendant recognized all of the instant crimes and reflects on all of the instant crimes.

The victim E expressed his/her intention that the victim and his/her mother do not want to be punished against the defendant by agreement in the first instance.

The defendant is the first offender with no criminal history, and the young age of 22 years of age, with the defendant's parents' guidance toward the defendant, and it seems that there is considerable room to improve the character and behavior.

The above circumstances as well as the character, character, family environment, and family relationship of the defendant.

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