독일 아동·청소년 이용 음란물 규정 및 처벌범위에 대한 비교법적 검토

The need for punishing acts such as producing or distributing a pornography filmof sexual abuse of children is to protecting children and adolescents as well as topreventing sexual violence and crime. Because they are experiencing sexual abuseor exploitation the process of making pornography. In addition, it is also necessary to review of Punishment and crime'srequirements for cyber pornography or expression in cyber because it is sharplyincreasing to disseminate or possess pornography on the internet. I have reviewed previous discussions related to the punishment of pornography inwhich children and adolescents appear, several issues about the punishment wereraised. This paper aims to compare the regulations about child and adolescentpornography of Korea and Germany and suggest the improvement of the mainissues. Obscene visual representations of the sexual abuse of children shall not besubject to punish because it does not directly give children or adolescent damagecaused by the sexual abuse or exploitation. Since possession of child pornography is not a direct sexual offense ispunishable, just it is in the preliminary stages. So we carefully consider the needof punishment. And it is necessary to examine the balance of penalty by comparingother pornography crime. In addition to, it is need to regulate requirements of crime and sentencesdifferently to distinguish between children and adolescentsIt is much severe crime to make or distribute a pornography films of sexualabuse of children in order to make a money or cooperate with some people. so itdeserves to give heavy punishment.