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KCI등재 학술저널

아동·청소년 성착취물(아동·청소년 이용음란물)의 제작

[대법원 2018. 9. 13., 선고, 2018도9340, 판결] 아동·청소년의 성보호에 관한 법률 위반 (음란물 제작·배포 등)

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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.

Ⅰ. 대상판결

Ⅱ. 사안과 판례 분석

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