아동·청소년 성착취물(아동·청소년 이용음란물)의 제작

• 영문명: Supreme Court s Decison 2018do9340 on the Crimes of Child Pornography Production
• 발행기관: 한국형사판례연구회
• 저자명: 김한균(kim, Han-Kyun)
• 간행물 정보: 『형사판례연구』형사판례연구 제29권, 381~408쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.06.30

영문 초록

This essay aims to review the decison of the Supreme Court on the Crimes of child pornography production. According to the Act on the Protection of Child from Sexual Violence, amended in the year of 2020, Article 11 (Production, Distribution, etc. of Child or Youth Pornography), any person who produces, imports, or exports child or youth pornography shall be punished by imprisonment for an indefinite term or for a limited term of at least five years. Supreme Court s Decison 2018do9340 in the year of 2018 has admitted that the most vulnerable victims of digital sexual violence is children who must be protected against any sexual exploitation, such as production, ddstribution, or possession of any child pornography. The Court understand that any form of visual dipiction of sexual activity between children, or solo masturbation by a child, or penetrative sexual activity between child and adult must be banned, as such depiction must make children their victims. Crime of producing child pornography requires intent to produce sexual material exploiting children only, and not any distribution or selling of such material. The court rules that crime of production shall be completed when the material has been digitally saved, but considering some forms of such crimes are committed by on-line streaming, the crime shall be completed when the criminal films or takes photos of child victim.

목차

Ⅰ. 대상판결

Ⅱ. 사안과 판례 분석

키워드

청소년성보호법 아동성착취 아동·청소년성착취물 아동·청소년이용음란물 아동·청소년디지털성범죄 Act on the Protection of Child from Sexual Violence child sexual exploitation child pornography child pornography production digital sex crimes against children