아동음란물소지죄에 관한 형사정책 및 형법상의 문제점

In Act On The Protection Of Children And Juveniles From Sexual Abuse Article 11(5), “Any person who possesses child or juvenile pornography shall be punished” was written. Child pornography possession crime is an abstract endangering offense like firearms, swords and narcotics possession crime which are punished because of social dangerousness of inadequate use, but unsuitable use of child pornography don’t occur social danger like gun, swords and narcotics so the sanction of child pornography possession should be deliberately implemented. From the criminal policy standpoint, proactive regulation of child pornography possession could not have effectiveness of the decrease in child sexual abuse crime because consume of child pornographies didn’t correspond with manufacture of those in korea. Furthermore the number of people with unnecessary ex-convict could be growing tremendously in our country. From a criminal law point of view, the concept and application scope of child pornography should lay down a restriction on interpretation. It is apprehended that a broad interpretation of child pornography could cause the erosion of individual liability principle which consists of possibility of condemnation and especially virtual child pornography and pseudo-child pornography are more likely to be interpreted arbitrarily. Therefore, the concept and application scope of child pornography are interpreted severely restrict and clear from point of view of the principle of “nulla poena sine lege”.