아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
A.
1. Summary of grounds for appeal;
A. Defendant A 1) The Defendant violated the Punishment of Violences, etc. Act (joint assault) by mistake of facts or misapprehension of legal doctrine) and assaulted the Victim H (15 years of age), but there is no fact that the Defendant assaulted the Victim F in collaboration with F.
Therefore, since the defendant is only a simple crime of assault, and the victim does not want the punishment, this part of the prosecution should be dismissed.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.
B) The Defendant, with the intention of receiving agreements from H’s parents, had H take time off C and made a false report to the investigation agency.
Since the defendant did not have the purpose of having H receive criminal punishment, it should be viewed that there was no intention to commit the crime of false accusation.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.
C) The Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.) against the Act on the Protection of Children and Juveniles against Sexual Abuse, and there is no fact that the Defendant urged the victim I (the age of 13) who is a child or juvenile to engage in sexual traffic or arrange sexual traffic
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.
2) The sentence sentenced by the lower court (short-term 3 years and short-term 2 years and 6 months) is too unreasonable.
B. The sentence imposed by the lower court (one year, two years of suspended execution in June, and one hundred and eighty hours of community service order) is too unreasonable.
(c)
The sentence imposed by the court below against Defendant A is too unhued and unfair.
2. Determination:
A. According to the records of this case’s judgment ex officio against Defendant A, Defendant A was “juvenile” as provided in Article 2 of the Juvenile Act at the time when the judgment of the court below was rendered, but this did not apply.