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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
The court below rejected the prosecution against intimidation among the facts charged in this case, and acquitted the victim's name in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) among the facts charged in this case, and convicted each of the remaining facts charged.
On the other hand, the defendant filed an appeal against the conviction portion, and the prosecutor filed an appeal only against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) among the guilty portion and the acquittal portion, and since the rejection part of the judgment below which did not appeal from the judgment below and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) on the Protection of Children and Juveniles against Sexual Abuse against the victim's Name (B), the scope of the judgment of this court is limited to the guilty part of the judgment below and the part
Summary of Grounds for Appeal
Defendant
The punishment sentenced by the court below (one year and six months of imprisonment, etc.) is too unreasonable.
In light of the fact-finding and misunderstanding of the legal principles as follows, among the innocence portion of the lower judgment, the Defendant committed an attempted crime of producing “child or juvenile pornography” in light of the aforementioned parts under the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity).
The Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) refers to the appearing of children, juveniles, or persons or representations that can clearly be perceived as children or juveniles, thereby expressing any act falling under any of subparagraph 4 or other sexual acts, and thus, film, video, game software, or game software.