아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. In light of the legal principles, the Defendant did not intermediate sexual traffic, but did so directly as female juveniles, and thus, it can be deemed that he/she shared the role of female sexual traffic, and the Defendant did not force female juveniles to engage in sexual traffic. Therefore, the Defendant’s above act cannot be deemed as constituting “mediation” under Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”).
In addition, the Defendant did not constitute a “exclusive business”.
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. Article 2 subparag. 4 of the Act on the Protection of Juveniles from Sexual Abuse provides that "the act of purchasing the sex of a child or youth" means an act falling under any of the following items, such as sexual intercourse, against a child or youth or having a child or youth do such act, in return for offering or promising to offer money or other property benefits, job benefits, convenience, etc. to those who arrange the purchase of sex of a child or youth, or those who actually protect and supervise the child or youth, or those who actually protect and supervise the child or youth.
In addition, Article 13(1) of the Act on the Protection of Juveniles from Sexual Abuse provides that “a person who has engaged in buying sex of a child or juvenile” shall be punished by imprisonment with prison labor for not less than one year but not more than ten years, or by a fine not less than 20,000 won but not more than 50,000 won. In addition, Article 15(1)2 of the Act provides that “a person who has assisted buying sex of a child or juvenile as his/her business shall be punished by
The purpose of the Juvenile Sex Protection Act is to protect and relieve children and juveniles who are subject to sexual traffic, and the "child and juveniles sexual traffic" is "child and juveniles sexual traffic" under the Juvenile Sex Protection Act.