2012Gohap562 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), violence

Act on the Punishment of Acts, etc. (Intimidation against groups, deadly weapons, etc.), sexual harassment

Violation of the Act on Special Cases concerning the Punishment, etc. of Meritorious Crimes (Use and photographing of Cameras)

The changed name of crime: the Act on the Protection of Children and Juveniles against Sexual Abuse

Violations (production, Distribution, etc. of obscenity)

A

Freeboard (prosecution), gambling file (public trial)

Attorney B

May 9, 2013

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant ordered the defendant to attend the sexual assault treatment lecture for 40 hours.The defendant is not guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) among the facts charged in this case.

Criminal facts

1. Violation of the Punishment of Violences, etc. Act (Intimidation by groups, deadly weapons, etc.);

From the beginning of October 2011, the Defendant started dispute with the victim C (the age of 17) who is a juvenile from the first police officer of the Republic of Korea on December 2, 2011, and began frequently with the victim from the first police officer of the same year. If the victim is the victim of the hedging, the victim was able to exercise violence, such as taking the face of the victim.

A. The Defendant, at around May 20, 2012, at around 21:00, threatened the victim by carrying a dangerous object and threatening the victim within the scope of D-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

B. At around 21:30 on the same day, the Defendant: (a) informed the victim of F convenience points located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) informed the victim of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of a motor vehicle of the same day; and (c) threatened the victim by taking dangerous things, such as taking over the excessive amount of dangerous things purchased

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On the 21st of the same month, at around 01:30, the Defendant, at the residence of the Defendant, was found to have been at the time of the victim’s head and scam with his hand on the ground that the victim had sexual intercourse with another male. In addition, the Defendant, while making a statement to the victim that “the victim had sexual intercourse with the other male, he may face the victim without hearing the Defendant’s horse, and may face the victim’s horse without hearing the victim’s horse, and he could look at the victim’s school as before, and scam back to the victim’s school, or inform his parents of his relationship with the Defendant, etc., and had sexual intercourse once with the victim by force. Accordingly, the Defendant had sexual intercourse with the child or juvenile by force.

B. At around 02:00 on the same day, the Defendant, in the residence of the above Defendant, once again had sexual intercourse with the victim by means as described in the above paragraph (a), and by force, had sexual intercourse with the victim who is a child or juvenile.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses C and H in the second trial records;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of C (one to four times), H, I, J, and K respectively;

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (a) (a threat to carrying dangerous articles), Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a crime of sexual intercourse by force)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to cases where punishment and punishment are the largest on May 21, 2012) (limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Registration of personal information of Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Where a conviction becomes final and conclusive on the crime under paragraph (2) of the judgment against the defendant, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to the competent agency pursuant to Article 34

In full view of all the circumstances such as the background and process of the instant crime, relationship with the victim, age of the defendant, criminal record, degree of risk of recidivism, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantages and side effects, etc., which can be known through the records of the instant case, the disclosure and notification order of the personal information of the defendant shall not be ordered pursuant to Articles 38(1) and 38-2(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the disclosure and notification of the personal information of the defendant shall not be ordered pursuant to each of Articles 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. Summary of the assertion

A. As to Paragraph 1 of the holding (the point of intimidation to carry dangerous things), there is a fact that the defendant acted with the victim as "I am hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas

B. As to Paragraph 2 of the holding (the point of sexual intercourse by each power), there is no fact that the Defendant has sexual intercourse with the victim at the time and place indicated in the facts charged.

2. Determination

A. As to Paragraph 1 of the holding (the point of intimidation to carry dangerous articles)

1) 협박죄가 성립하려면 고지된 해악의 내용이 행위자와 상대방의 성향, 고지 당시의 주변 상황, 행위자와 상대방 사이의 친숙의 정도 및 지위 등의 상호관계 등 행위 전후의 여러 사정을 종합하여 볼 때에 일반적으로 사람으로 하여금 공포심을 일으키게 하기에 충분한 것이어야 하지만, 상대방이 그에 의하여 현실적으로 공포심을 일으킬 것까지 요구되는 것은 아니며, 그와 같은 정도의 해악을 고지함으로써 상대방이 그 의미를 인식한 이상, 상대방이 현실적으로 공포심을 일으켰는지 여부와 관계없이 그로써 구성요건은 충족되어 협박죄의 기수에 이르는 것으로 해석하여야 한다(대법원 2007. 9. 28. 선고 2007도606 전원합의체 판결 참조), 또한 협박죄에서 해악을 고지하는 행위는 통상 언어에 의하는 것이나 경우에 따라서는 거동으로 해악을 고지할 수도 있다(대법원 1975. 10. 7. 선고 74도2727 판결, 대법원 2009. 9. 10. 선고 2009도5146 판결 참조). 2) 위와 같은 법리에 비추어 보건대, 이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음의 사정 즉, ① 피고인과 피해자는 2011. 10. 초경 사귀게 되었으나, 같은 해 12.경부터는 피해자가 다른 남자와 연락하거나 피고인에게 헤어지자고 말하였다는 이유로 다투는 일이 잦아졌으며, 피고인은 그 과정에서 피해자의 머리, 뺨을 때리거나, 술을 마시고 소주병을 깨는 등 폭력적인 행동을 하기 시작한 점, ② 피해자는 2012. 5. 19. 중부대학교 축제에서 다른 남자를 만나 성관계를 하였고, 이를 알게 된 피고인은 다음 날인 2012. 5. 20. 21:00경 피해자를 자신의 승용차에 태워 사람들이 없는 외진 장소인 충남 금산군 금산읍 아인리 소재 금산산업고등학교 근처까지 이동한 다음 갑자기 커터칼을 꺼내 "네가 나를 안 만나주면 나는 죽겠다."라고 말하였을 뿐만 아니라, 이어서 피해자의 머리와 뺨을 때리기도 한 점, ③ 피해자는 당시의 상황에 관하여 '무서워서 미안하다고 하였다(증거기록 제14면)', '너무 무서워서 계속 미안하다. 이러지 말아라고 달래며 계속 칼을 붙잡고 있다가 칼을 빼앗았다. 좁은 차안에서 둘이만 있는데 칼을 들었다는 것 자체가 너무 무서웠다(증거기록 제210면)'고 진술하였던 점, (4) 이후 피고인은 같은 날 21:30경 피해자를 다시 차에 태우고 차문을 잠근 다음 갑자기 과도를 꺼내어 자신의 배를 찌르는 듯한 행동을 하였고, 놀란 피해자는 차문을 열고 소리를 지르면서 뛰쳐나온 점, ⑤ 피해자는 당시의 상황에 대하여 '차문을 잠그고 나서 과도를 꺼내니 정말 무서웠다(증거기록 제214면)'고 진술하였던 점 등을 고려하여 보면, 위와 같은 피고인의 행위는 여성인 피해자에게 공포심을 일으켜 피해자로 하여 금 피고인의 요구(자신과 계속 만나줄 것)에 응하지 않으면 어떠한 해악을 가할 듯한 위세를 보인 행동으로서, 협박죄에 있어서의 '협박'에 해당한다고 충분히 인정할 수 있다. 따라서 피고인 및 변호인의 위 주장은 받아들이지 않는다.

B. As to Paragraph 2 of the holding (the point of sexual intercourse by each power)

1) At the time of the first or fourth investigation into the police, at around 01:30 and around 02:00 on May 20, 2012, the victim had a sexual intercourse with another male on the day before the other male, and at the same time, he/she was found in the house and left knee and knee knee knee knee knee knee knee and knee knee knee knee knee knee knee knee knee knee, and the victim had a sexual intercourse without any inevitable reason. The victim made a detailed and consistent statement (Evidence No. 15-16, 64, 67, 215, 202-23 of the evidence record).

2) Meanwhile, the victim’s statement was reversed to the effect that it was not a forced sexual intercourse with the prosecutor’s office (No. 351 of the record), and the victim’s statement, which was reversed solely by her request, had been somewhat excessive behavior by pointing out the problem of male victim at the time of the victim’s oral statement, and the victim’s statement was able to find out the victim’s school even before April 2012, 2000 where it was considerably difficult for the victim to reverse the victim’s sexual intercourse with the Defendant at the time of the victim’s statement, and it was difficult for the Defendant to see the victim’s sexual intercourse with the Defendant at the time of the victim’s statement, and it was also difficult for the victim to see the victim’s sexual intercourse with the Defendant at the time of 200 times prior to 200,000, more than 30,0000, more than 1,0000, more than 1,000.

3) Accordingly, according to each statement at the police station of the victim whose credibility is recognized, the defendant can sufficiently recognize the fact that he/she has sexual intercourse with the victim twice by force at around 01:30 and around 02:00 on May 21, 2012. Accordingly, the defendant and his/her defense counsel’s assertion in this part is not acceptable.

The crime of this case for the reason of sentencing is that the defendant carried dangerous articles and threatened the victim, and is sexual intercourse by force with the victim who is a juvenile, and the liability for the crime is not against the law. However, the defendant does not have the record of having been punished for the same crime, the victim does not want the punishment against the defendant, and other various sentencing conditions as indicated in this case are considered, and the punishment shall be determined like the order.

The acquittal portion

1. On January 2012, the Defendant, in the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), produced child and juvenile pornography, which expressed the contents of sexual intercourse through the appearance of juveniles, by photographing the cata function of the Defendant’s cell line with the victim C (the young, the age of 17), with the cell phone with the cell phone with which it is difficult to know the trade name near the Yacheon-dong Yacheon-dong Yacheon-dong Do, and storing the video in the cell phone with the sexual intercourse.

2. Basic facts and the issues of the instant case

(a) Basic facts;

According to the evidence duly adopted and examined by this Court, the following facts are recognized:

1) On October 201, 201, the Defendant began to teach the victim C, a juvenile of 17 years of age, as a volunteer, with an annual personal relationship.

2) Around January 2012, the Defendant and the victim had a sexual intercourse with the Daecheon Bathing Beach, at the same time, and the Defendant, with the consent of the victim at the time, had a cellular phone activationd by video using a cellular phone, and stored it in the cell phone machine (hereinafter above, referred to as “the video file in this case”).

3) The victim reproduced the video of this case and asked the defendant "we can see it?" The defendant talks that "I can see it?", and the victim immediately deleted the video of this case.

4) Even though the victim later was the Defendant, the Defendant refused to do so, sought the victim’s house and school, and made an appearance at an investigative agency on September 4, 2012, and stated the fact that he was threatened with intimidation and sexual assault from the Defendant as stated in paragraphs 1 and 2 of the crime, and made a statement from the Defendant that “Iskyto send the Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao, which read, “Is you know that Is we live well.”

5) On October 8, 2012, the prosecutor prosecuted Defendant on the charge of violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) and violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) on the charge of Defendant on the charge of: (a) on October 8, 2012, the Defendant taken sexual intercourse with the victim and recorded the victim’s body against his/her will by using a cellular phone device that could not be known to the victim; and (b) on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on the Protection, etc. of Children and Juveniles from Sexual Crimes”); (c) on the charge of taking the video of this case with the victim’s cell phone while attending a sex relationship with the Defendant on January 2012; and (d) on the charge of collecting the victim’s body from the victim’s sexual intercourse with the victim on the charge of violating the Act on the Protection of Children and Juveniles from Sexual Abuse (hereinafter “Application for Permission for Modification of Specific Crimes”).

B. Defendant and defense counsel’s assertion and the issue of the instant case

1) With the consent of the victim who is a juvenile, the prosecutor prosecuted the defendant's act of photographing the sexual intercourse between him/her on the premise that the act constitutes the act of producing the child or juvenile pornography as provided by Article 8(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Accordingly, the defendant and his/her defense counsel asserted that the defendant's act of photographing the sexual intercourse with the victim's consent, and thus, it is not the production of the child or juvenile pornography.

2) Accordingly, as to whether taking of the above pages with the consent of the victim who is a juvenile, can be seen as an act of “production of obscene materials” by a child or juvenile under Article 8(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

3. Determination

A. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11287, Feb. 1, 2012; hereinafter “Juvenile Act”).

A person shall be appointed.

B. Whether the video of this case constitutes “child or juvenile pornography”

First, as to whether the video of this case can be seen as obscenity under Article 2 subparag. 5 and No. 4 of the ABA Act, the video of this case, as seen earlier, expressed the content of sexual intercourse by the appearing of the victim (the victim, around January 2012, deleted the video of this case, and deleted the video of this case, and the contents of the video of this case cannot be confirmed because the video of this case was restored in the investigation process thereafter. However, according to each statement by the defendant and the victim, it can be recognized that the video of this case contains a face of the content of sexual intercourse with the defendant, at least the video of this case, the video of this case constitutes obscenity with the cell phone, and thus, it is deemed that it constitutes obscenity.

Next, we examine whether the defendant's act of photographing and storing the video of this case using mobile phones constitutes "production of child or juvenile pornography" under Article 8 (1) of the ASEAN Act.

1) Interpretation of penal provisions

A) The principle of no punishment without the law requires the provision of a crime and a punishment as an Act to protect individual freedom and rights from the arbitrary exercise of the state's penal authority. In light of such purport, the interpretation of a penal provision must be strict, and the interpretation of a penal provision excessively expanded or analogical interpretation in the direction unfavorable to the defendant is not permitted to be contrary to the principle of no punishment without the law. However, the interpretation of a penal provision is also limited to specific facts in the request of the principle of no punishment without the law. However, the interpretation of a penal provision also has the above restriction in the request of the principle of no punishment without the law. However, it is necessary to clarify the language meaning of fishing gear or door, like other Acts, and at the same time, interpret it to have a logical consistency by taking into account the relationship with other Acts. In a case where the meaning of the provision cannot be sufficiently understood as a legal norm only with the words and logic of the provision, the meaning of the provision can be realized within the ordinary meaning of a penal provision by comprehensively taking into account various elements such as the overall ideology of legal order, its function, legislative history, purpose and purpose, purpose and purpose of protection of the penal provision, and form of act (see, etc.

B) In light of the aforementioned legal principles, since the prior meaning of “production” is to make new goods or art works with materials and with the function and content of materials, it can be seen that the act of taking and storing video images in the future by using a mobile phone device is included within the scope of the possible meaning of the phrase “production” under Article 8(1) of the ASEAN. However, if an interpretation in accordance with the possible meaning of such language and text results in unreasonable consequences in light of the legislative history, legislative intent and purpose, etc. of Article 8(1) of the ASEAN, the meaning shall be limited to ordinary interpretation in light of all the elements, such as the ideology of the overall legal order, the function and purpose of penal laws, the protection of legal interests and interests, and the purpose of protection, etc. Accordingly, it is examined as to whether the above interpretation is a case where a teleological interpretation should be made unreasonably and rationally.

2) Legislative history and legislative intent of Article 8(1) of the ASEAN

A) In around 1999, the form of so-called so-called ‘original assistant system' has become a social issue in the production of sex offenses against juveniles or obscene materials, and the production and distribution of obscene materials using computers such as the Internet, etc. using the Internet as well as sexual intercourses between adults and juveniles as well as sexual intercourses, and thus, a new legislation is needed to protect the sexuality of juveniles, as it is somewhat insufficient to cope with such problems, solely with the crimes such as the crime of obscenity under Article 243, the crime of distributing, etc. under Article 244, the crime of manufacturing, etc., Article 297, the crime of rape under Article 298, the crime of indecent act under Article 302, the crime of sexual intercourse with minors under Article 305, and the crime of indecent act against minors under Article 305, etc.

B) As of February 3, 200, the Act on the Protection of Juveniles from Sexual Abuse was enacted by Act No. 6261, Feb. 3, 200, the Act on the Protection of Juveniles from Sexual Abuse (hereinafter “Juvenile Act”). The Act’s purpose is to “the purpose of protecting and remedying juveniles from sexual intercourse or assisting them, producing and distributing obscene materials by using juveniles, and sexual assault against juveniles, etc. against them, so that they can guarantee their human rights and grow up to be healthy members of society” (Article 1). Although the act of sexual trafficking, etc. was performed with voluntary consent, even if it was not considered as the act of sexual trafficking, it shall not be deemed as the act of sexual abuse or sexual exploitation against juveniles, but shall be deemed as the act of sexual abuse against juveniles (Article 5 to Article 12), the Act on the Protection of Juveniles from Sexual Abuse was made public (Article 20). Furthermore, Article 13-19 of the Act on the Protection of Juveniles from Sexual Abuse was to identify the victims of juveniles and treat them as the target of punishment (Article 13).

C) On the other hand, in order to further strengthen the protection of the sex of children and juveniles by clarifying that children are subject to protection under the above Act, establishing a penal provision for similar teaching activities for children and juveniles, etc., the Cheongsung Act was specially amended by Act No. 9765 on June 9, 2009. The Cheongsung Act provides for special cases concerning the punishment and procedures of sex offenses against children and juveniles, provides for the procedures for remedy and support for victimized children and juveniles, and systematically manages sex offenders against children and juveniles to ensure that children and juveniles can be protected from sex offenses and grow up as healthy members of society (Article 1). Article 8(1) provides for the same purport as the Cheongsung Act by stipulating that “any person who produces, imports, or exports victimized children and juveniles pornography shall be punished by imprisonment for a limited term of not less than five years.”

D) In light of the legislative history, legislative purpose, etc. of the AB law, the basic purpose of the AB law is to protect children and juveniles from sexual abuse or sexual exploitation, while to severely punish children and juveniles who have committed the above sexual acts, thereby protecting the sex of children and juveniles. In particular, Article 8(1) of the ABB Act provides that children and juveniles are forced to appear in representations with contents of sexual acts involving children and juveniles in the process of their physical and mental development, or make them appear as the appearing person by inducing them to appear as sexual abuse or sexual exploitation in the process of the process, by inducing them to make a contribution in return for money.

It is judged that the purpose of preventing the act is to prevent it.

E) However, as in the instant case, it is difficult to view that sexual intercourse between the Defendant and his sexual intercourse naturally taken and stored as a mobile phone with the consent of the victim, who was a juvenile in a personal relationship, was involved in any sexual abuse or exploitation against the juvenile (as long as the victim is 13 years of age or older, who is recognized as having the capacity to consent to sexual intercourse, and as long as the victim is deemed to have the ability to actually consent to the act of photographing and storing sexual intercourse, it is deemed that there was no sexual abuse or exploitation in the process, unless forced force or monetary consideration is determined in the process). In light of the above legislative intent and purpose of the Cheong law, it would be deemed that the above act of the Defendant constitutes the production of child or juvenile pornography, and if the act of the Defendant is punished for a limited term of not less than five years, it would rather be unreasonable in violation of the basic purport of the Cheong law.

Therefore, in such cases, it is necessary to interpret the meaning of "production of child or juvenile pornography" as stipulated in Article 8 (1) of the ASEAN.

(iii) balance with the pattern of other acts as provided in Article 8(1) of the ASEAN Act;

A) Meanwhile, Article 8(1) of the Cheongbu Act provides for the act of producing child or juvenile pornography as a target of punishment for "importing," or "exporting," as well as the act of producing "production of child or juvenile pornography." Thus, in order to constitute "production of child or juvenile pornography, the illegal nature or possibility of criticism can be evaluated as the same level as "import," or "export, of child or juvenile pornography." However, the act of importing and exporting child or juvenile pornography is premised on the fact that commercial-produced pornography is traded across the border, and thus, the act of manufacturing child or juvenile pornography for the purpose of private possession and storage without the purpose of transaction, distribution, and distribution does not significantly fall under the category of "import," or "export, of child or juvenile pornography," but such act does not fall under the category of "import, export, etc., of child or juvenile pornography, and thus, the act of importing and exporting child or juvenile pornography should be evaluated as equivalent to that of the production of child or juvenile pornography, and thus, it should be evaluated as unlawful under Article 8(1) of the Act.

B) However, the Defendant made a statement from an investigative agency to this court to the effect that he/she taken the video of this case simply, and it does not seem that there was a purpose of transaction, distribution, and distribution on the recording and storage of the video of this case. This is supported by the fact that the Defendant received a request from the victim for deletion of the video of this case due to the long time after the recording of the video of this case, and that he/she immediately allowed the victim to delete the video of this case. Therefore, as in this case, the Defendant’s act of photographing and storing the video of this case with the victim’s consent for mere private possession and storage without the purpose of transaction, distribution, and distribution without the consent of the victim cannot be evaluated as equal to “import of Article 8(1) of the ASEAN Act” and “export of the above provision” (in addition, the prosecutor, despite having obtained the consent of the victim of this case against the intent of the victim of this case, should be punished by imprisonment with prison labor for not more than five years or a fine not exceeding one million won after the victim of this case’s sexual crime of violating the Act on the use of the video of this case (hereinafter.).

4) Sub-committee

A) As seen earlier, in the case of a teleological interpretation by taking into account the legislative process and legislative purpose of the ABA and the balance with other behaviors as stipulated in Article 8(1) of the ABA, “production of child or juvenile pornography” under Article 8(1) of the ABA shall be interpreted as ① such child or juvenile pornography was made for the purpose of mere private possession and storage without the purpose of transaction, distribution, or distribution, and ② such production was made for the purpose of production, ② any sexual abuse or exploitation against juveniles by obtaining the genuine consent of juveniles more than 13 years of age, which is the appearing in the production process.

B) Therefore, the Defendant’s act of photographing and storing sexual intercourses among them using a cell phone device with the consent of the victim at 17 years of age, does not seem to have engaged in any sexual abuse or sexual exploitation against the victim in the process. In light of the circumstances following the deletion of the video, it is not thought that the Defendant had any transaction, distribution, and distribution purpose to the victim. Thus, the Defendant’s act of photographing and storing the video images of this case does not constitute “production of child or juvenile pornography” as provided by Article 8(1) of the ASEAN, and there is no other evidence to acknowledge this differently.

4. Conclusion

If so, this part of the facts charged constitutes a case where there is no proof of crime and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure

The presiding judge and assistant judges;

Judges Kim Gin-Un

Judges' records