일본에 있어 아동음란물 다운로드 행위의 가벌성 논의

If the relationship between child pornography and sexual crime is discovered and smartphone distribution is expanding, child pornography will continue to be produced and circulated, leading to numerous crimes, unless concrete measures are taken against child pornography. In the meantime, interest in punishment for the production and possession of child pornography has been shifted, and discussions on countermeasures and punishments have been continued. However, in order to punish any crime, the criminality must be clear. Therefore, this paper examines the reason why the act of downloading from the Internet is punishable even though there is no direct social risk. Japan is explaining the downloading of child pornography on the Internet and the theory of related accomplices. In other words, starting from the mixed theory of seeking the grounds for punishing the accomplice to the inherent illegal acts of the accomplice, the problem of the versatility of the opponent in the opponent is considered as the problem of the crime type of the accomplice, and the explanation is explained by using the objective attribution theory. In most countries, the punishment for downloading child pornography from the Internet is punished, while the Japanese criminal law is theoretically denied. The demand for criminal punishment can not be punished because the grounds for bribery are not established. There are also legislative measures to prevent illegal phenomena in Korea. The prohibition of downloading from the Internet about child pornography is also influenced by child pornography. I think that legislative action has been taken before discussing child pornography. Of course, it would be a better legislation if it was clear to the grounds of the criminality. We, too, have not discussed yet, and I look forward to further in-depth discussion with reference to this discussion of Japan.