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(영문) 서울고등법원 2020.12.10 2020노1541
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) With respect to the crime under paragraph (1) of the crime as indicated in the judgment of the court below (hereinafter “crime under Paragraph (1)”), the photograph of the crime under Paragraph (1) (hereinafter “the photograph of this case”) was taken with the consent of the victim.

(B) Crimes under paragraph (2) of the facts constituting the crime as indicated in the judgment of the court below (hereinafter “crime under paragraph (2)”).

) In relation to the crime of Paragraph 2, a series of acts listed in the crime of Paragraph 2 (hereinafter referred to as “instant act”).

(1) The Child Welfare Act does not constitute “sexual abuse” under the Child Welfare Act (hereinafter referred to as “instant claim”).

(C) Nevertheless, the lower court found all of the charges regarding the crimes Nos. 1 and 2 guilty. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2) In light of the risk of recidivism by the illegal Defendant’s improper employment restriction order, the lower court’s ordering the Defendant to put an employment restriction for three years with child and juvenile-related institutions and welfare facilities for the disabled, is unreasonable as the sentencing of the lower court is too unreasonable.

B. Prosecutor 1) The sentencing of the lower court on the grounds that it is unreasonable that the sentencing of unfair sentencing is too uneasible and unfair. 2) The unfair lower court’s failure to issue an order to disclose personal information to the Defendant.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, etc., the probative value of evidence of relevant legal doctrine is left to a judge’s free judgment, but such determination should be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and there is no reasonable doubt that there is no probative value.

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