아동ㆍ청소년이용음란물소지죄의 해석론 및 입법론에 대한 검토

A Study on the Interpretation and Legislation of Pornography Possession Crimes Using Children and Youth

In relation with pornography possession crimes that are being evaluated as one of various prevention and countermeasures on sex crimes objecting to children and youth to which rigid devotion of stiff criminology are going forward to the degree of not comparing with any other crime areas, pro and cons on whether to make criminal charges itself in addition to fierce controversies on configuration requirements and punishment aspects are being confronted actually. Thus, this study looked into enactment and transitions of the crime, enforcement and treatments, interpretations on configuration requirements, legislation examples at foreign countries, and disputes on the maintenance and abolition etc same as the follows. First, though punishing the pornography in which children and youth appear seem to have certain protected legal interests such like preventing sexual harms on children and youth, criminal punishments on just appearances of virtual characters that can be recognized like children and youth at cartoon, animation, and games etc could be said as excessive legislation. Second, it is not unfair to judge possessing intentions alike in case of not quickly deleting the video quickly after downloading without knowing it as the pornography using children and youth and then watching it. The reason is that acknowledging the intention of possession is corresponded to be interpreted to the accused too disadvantageously in spite of no separate deeming provisions on the possession in laws. Thirdly, researcher cannot agree with the conclusion because strengthening regulations on simple possessing persons of pornography using children and youth as means of preventing sexual crimes on them is not insufficient in its basic premise. Fourthly, enforcements and penalties focusing on supplies including manufacturers and sellers etc like adult pornography instead of users could be said as more effective responses to sexual exploitation. As with all criminal policies, supplier-centered punishments are proper when considering terms of effectiveness called 'selection and concentration' through limited resources. Fifthly, fundamentally blocking approaches of adults to pornography under the pretext of preventing youth sexual cannot be justified, and regulating approaches to pornography because of confusions about sexual identity in case of adults could be said as excessive restrictions on basic human rights.