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(영문) 광주고등법원 2017.01.23 2016노443

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등

Text

The judgment below

The part of the case of the defendant is reversed.

Defendant

A Imprisonment with labor for a maximum of one year and six months, a short of one year and three months;

Reasons

Summary of Reasons for appeal

A. The Defendant and the person who requested the attachment order and the Defendant’s sentence [the Defendant and the person who requested the attachment order (hereinafter “Defendant”): Imprisonment with prison labor for a maximum of two years and six months, for a short of two years, for a short of two years, for a short of 40 hours, for a program, for Defendant B: imprisonment with prison labor for a year and six months, for a period of 40 hours, for a program order] is too unreasonable.

B. It is unreasonable for the lower court to dismiss the request for attachment order of an electronic device requested against Defendant A by the original court, because each type of punishment of the lower court is too unfluent and unfair.

2. Determination as to the allegation of unfair sentencing by both parties

A. As to arranging the purchase of common and private sex by juveniles, it has a negative impact on the formation of the sexual values of juveniles, and that it spreads the sexual traffic by creating demand and supply for the sexual traffic, its nature is inferior, and its possibility of criticism is much more likely.

B. In addition, the Defendants, on the ground that the injured person escaped, committed violence by combining the injured person’s personal drone trees into the fluenite tree, committed violence by combining them into the fluenite fluenite, and committed an act of assaulting the injured person with dangerous things, and committed a harsh act of restricting the injured person’s hand and brus in the officetels by combining the hand and brus to the tape so that the injured person may not escape.

If the injured party could not escape from the place of confinement, the crime against the injured party would continue to exist and the damage would have increased.

This crime seems to have caused severe physical and mental damage to the victim who was 16 years old or older at the time of the crime.

B. Although Defendant A had relatively in a relatively difficult family environment, the Defendant assisted the victim to engage in sexual traffic by using the victim in difficult circumstances. In addition to the crime of arranging sexual traffic against the victim, injuring the victim, and committing heavy confinement, Defendant A had raped the victim, and had the victim take the body of the victim, and further assaulted the victim.

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