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(영문) 수원고등법원 2020.12.11 2020노640
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment, etc.) shall be too unreasonable.

2. The judgment below held that the defendant had a child or juvenile under 13 years of age produced a child or juvenile pornography exposed to the victim's chest and sound, etc., and received money by deceiving or threatening the victim, and the victim opened open-raising banks to raise money and sent or had sexual intercourse with him/her with his/her photograph. In light of the law, content and result of the crime, the crime is very bad, and the victim of the age is deemed to have caused considerable sense of sexual humiliation and mental suffering due to the crime of this case, and the defendant did not receive the letter from the victim. However, the defendant was sentenced to punishment against each defendant in consideration of the circumstances favorable to the defendant, such as recognizing the crime of this case and misunderstanding the wrong, and having no record of criminal punishment.

There is no change in circumstances that may vary in the sentencing of the court below even when the court below has reached the trial, and considering all the conditions of sentencing as shown in the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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