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(영문) 서울고등법원 2018.09.06 2018노1527
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment below

The guilty portion shall be reversed.

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

40 hours per the defendant.

Reasons

1. Of the facts charged in this case, the court below dismissed the public prosecution as to intimidation, and found the guilty part of the charges of violation of the Act on the Protection of Juveniles from Sexual Abuse (distribution, etc. of obscenity), and acquitted the remainder of the charges related to such a blanket crime in the conviction. The court below convicted all of the remainder of the charges of violation of the Act on the Protection of Children from Sexual Abuse (sexual harassment, etc. against a child), violation of the Act on the Protection of Juveniles from Sexual Abuse of Children's Children and Juveniles from Sexual Abuse (the possession of obscene materials), and attempted coercion. The dismissed part of the charges not appealed by the defendant and the prosecutor only against the guilty part becomes final and conclusive, and the non-guilty part among the charges of violation of the Act on the Protection of Children from Sexual Abuse (distribution, etc. of obscenity) of the Act on the Protection of Children from Sexual Abuse of Juveniles from Sexual Abuse (the distribution of obscene materials), but it goes against the judgment of the court below as to this part, and did not be judged again by the court below.

After all, the scope of this court's trial is limited to the judgment of the court below.

2. Summary of reasons for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

3. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor.

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