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(영문) 서울고등법원 2017.03.30 2016노3687

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inspection 1) In light of the fact that the Defendant alleged the misunderstanding of the fact that: (a) the first term “sale” stipulated in the F F F F F, was limited to KRW 500,000; (b) the victim was unable to obtain KRW 40-500,000; and (c) the J delivered KRW 150,000 to the victim for once commercial sex acts; and (d) the “sale” itself means commercial sex acts.

In addition, since the defendant received 150,000 won from J and directly kept 120,000 won among them, and tried to arrange additional sexual traffic, the intention of arranging commercial sex acts is fully recognized.

Therefore, since the repeated, continuity, and business nature of sexual traffic are recognized to the defendant, the defendant was engaged in the business of arranging sexual traffic.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant not guilty of this part of the facts charged and thereby affecting the conclusion of the judgment.

2) The lower court’s punishment that was alleged unfair in sentencing (a year and six months of imprisonment, 80 hours of completing education to prevent sexual traffic brokerage, 20,000 additional collection) is deemed to be too uneasy and unreasonable.

B. Defendant: The lower court’s punishment is too unreasonable because it is too unreasonable for the Defendant to assert the sentencing.

2. Determination

A. In light of the facts and circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the prosecutor's assertion of facts, the evidence submitted by the prosecutor in this case alone is insufficient to acknowledge that the part of the facts charged that the defendant engaged in the brokerage of commercial sex acts was proven to the extent that there is no reasonable doubt. Thus, this part of the prosecutor's assertion is without merit.

① 피고인은 ‘F ’에서 J와 협상할 때 “40에 걍 넘깁니다.

델고 사시 믄 됩니다

"The terms and conditions of swine", "10 ..............."

Generally, there shall be at least 1-2 months in the idea.