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서울고등법원 2015.03.19 2014노3378

아동ㆍ청소년의성보호에관한법률위반(강요행위등)등

Text

The judgment below

The part of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be reversed.

Reasons

The lower court rendered a judgment on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, and dismissed the public prosecution on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation) among the facts charged in the instant case.

As a result, the prosecutor filed an appeal against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, among the judgment below, that the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation) is excluded from the scope of the judgment of this court, and only the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Act, etc.) belongs to

Article 14(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse includes “a person who becomes the other party to sexual traffic” and “a third party who has made sexual traffic” among them, and when “a third party who has made sexual traffic” receives, demands, or promises all or part of the price, it cannot be deemed as an aggravated interpretation or expanded interpretation prohibited under the principle of no punishment without the law, in view of Article 14(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, on the ground that the crime subject under Article 14(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse does not include “a person who has purchased child or juvenile sex by himself/herself.”

Before the judgment of the court below on the grounds of appeal by the prosecutor on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, this part of the court below's judgment on the ground of appeal by the prosecutor is examined.