아동ㆍ청소년의성보호에관한법률위반(강요행위등)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Defendant seems to have committed the instant crime without any suspicion to easily resolve the economic difficulties.
Defendant has no record of being punished for sex crimes, and is seriously against his/her wrongness.
The Defendant did not exercise violence in the process of soliciting sexual traffic of this case, and it seems that the profits acquired from the above crime are not significant.
The above circumstances are the circumstances in which the defendant can be considered as positive factors of sentencing.
However, the instant crime is committed by abusing that the Defendant abused that the runaway juvenile H was economically difficult, thereby inducing H to have the lodging like the accommodation, and then coloring the men who wish to have sexual intercourse through the Internet hosting, thereby soliciting H to engage in sexual traffic four times through the Internet, and using the price for sexual traffic as a cost of living, and the nature of the crime is very poor in light of the method and content of the crime.
Although the Defendant, as an adult, has a social responsibility to protect children and juveniles so that they may form a sound sexual value, it cannot be said that there is a significant social criticism in that he/she took the means of economic profit-making or sexual desire satisfaction. H, which is merely 13 years old, due to the Defendant’s above crime, suffered a huge physical and mental suffering that is required for sexual illness in the course of sexual traffic, etc., and the state of mind resulting therefrom is clear that H will interfere with the Defendant’s healthy and harmonious personality body development.
In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are specified in the records of this case and the sentencing guidelines.