아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
The judgment below
Part concerning Defendant B, C, and D among them shall be reversed.
Defendant
B, C, and D shall be punished by imprisonment with prison labor for each of four years.
1. Summary of grounds for appeal;
A. Defendant B explicitly withdrawn misunderstanding of facts on the first trial date;
C, D's imprisonment (five years of imprisonment) imposed on Defendant B, C, and D is too unreasonable.
B. Since a prosecutor (Defendant A), in collusion with Defendant B, C, and D, led to the division of core activities of the sexual traffic mediation business, such as raising an advertisement for recruiting men who want to engage in sexual traffic by creating a hosting window to suggest sexual traffic by connecting with Defendant B, C, and D, Defendant A was functionally controlled as a principal offender according to the division of roles based on the intent of joint processing. Nevertheless, the lower court found Defendant A not guilty of the joint principal offender of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) on the ground that there was no functional control over the act of this case, and recognized only aiding and abetting the crime of the same, which affected the conclusion of the judgment. 2) In so doing, it is unreasonable that the lower court’s punishment (three years of imprisonment and five years of suspended execution, etc.) sentenced to Defendant A is too unreasonable.
2. Determination
A. As to the prosecutor’s assertion of mistake of facts, the co-principal under Article 30 of the relevant legal doctrine is committing a crime jointly by two or more persons. In order to constitute a co-principal, it is necessary to commit a crime through a functional control based on the intention of co-processing and objective requirements as subjective requirements.
Joint processing intention is not sufficient to recognize another person's crime but to accept it without preventing it, and it should be one of the joint intent to commit a specific criminal act and to shift one's own intention by using another's act.
Therefore, in order to judge that joint principal offender is established, the whole process of realizing crime.