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(영문) 대전고등법원 (청주) 2021.02.04 2020노190
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the term of imprisonment of two years and six months, the term of suspended execution of four years, and the forfeiture) is too uneased and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the court below where there is no change in the conditions of sentencing, and where the sentencing of the court below does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The court below determined that ① the defendant committed sexual abuse against the victim who is 12 years old since it is difficult for him/her to exercise his/her right to sexual self-determination by force, or it is difficult for him/her to defend himself/herself from sexual infringement or exploitation by others, and transmitted his/her pictures to another child or youth, and the nature of the crime of this case is very bad, and it is obvious that the victim suffered considerable mental suffering, and that it might have a negative impact on the formation of sound sexual values in the future, and ② the defendant's whole recognition of each crime of this case is against all, the defendant's age 20 million won and his/her parents do not have any motive and condition favorable to the defendant's parents, as a result of his/her family relationship, etc.

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. The reasons why the prosecutor asserts in this court are the circumstances that the court below had already taken into account while determining the defendant's punishment, and the materials that were discovered in the course of this court's sentencing hearing.

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