아동청소년이용음란물의 단순소지 처벌에 관한 비판적 고찰

Abstract

Many researches reported that child pornography operates as a catalyzer in spreading child sex offenses, child pornography was usually used in the sexual crimes, around the globe preventing and combating the producing processing distribution and possession of child pornography material though the internet. So act of protection of children and juveniles from sexual abuse and newly introduced regulation to punish simple possession of child pornography, in 2012, the police declaration of penalty and intensive control, moreover interpretation of various pattern. Generally to punish simple possession of child pornography not only perpetually causes harm to the young victims, but also dangerously exposes potential victims to an unconventional distorted sexual culture. In general the purpose of child pornography possession statutes is to address the demand for such contraband and to reduce the likelihood of such contraband from encouraging pedophiles to engage in criminal actions. So in some countries, the United States and Germany is extension of possession a focus child pornography approach of the internet, temporary internet files though the cache system. And child pornography is a criterion of 18 years, but 18 years include juveniles, on the contrary 16-18 years don󰡑t judgment children. So the child is a different concept juveniles, each regards an identical conception is irrationality. Therefore that’s appropriate of child and juveniles divided, child pornography is a criterion of 13 years as if 13 years absolutely protection a sex offense of similarity of criminal law. Then police in explanation of act of protection of children and juveniles from sexual abuse regulation to punish simple possession of child pornography don’t applicable to an adult put a school uniform. However the nearest a case is regard it’s child pornography. But reason of an adult put a school uniform, that’s regard child pornography is inconsistent and it’s violation of The Clarity Principle.