아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
The judgment below
Of the above, the part concerning Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than two years and six months.
Defendant .
The main point of the grounds for appeal is that the sentence imposed by the court below on the defendants (three years of imprisonment, etc.) is too unreasonable.
2. Determination
A. As to Defendant A, each of the instant crimes committed against Defendant A is an unfavorable circumstance to the Defendant, such as: (a) the victim, who is a juvenile whose sexual values have not been established properly, is an act of arranging sexual traffic by using it as a means of economic profit-making means; (b) the Defendant took part in the act of compelling sexual traffic by threatening the victim; (c) the victim was exposed to physical and mental pain; (d) the victim was infected with a disease; and (e) the victim was hospitalized with a high radio wave and received hospitalized treatment; (e) the period of mediation is five days; and (e) the number of times is more likely to be subject to criticism; and (e) there is a need to severely punish the victim to attract social awareness about the act of arranging sexual traffic.
On the other hand, in full view of the following circumstances: (a) the Defendant recognized all of the crimes and divided his mistake in depth; (b) the Defendant has no record of punishment in addition to the protective disposition against juveniles; (c) the Defendant clearly wishes to have a relatively large social relation with the surrounding persons; and (d) the Defendant has agreed to pay a considerable amount of money to the victim at the time of this court; and (c) the victim has been complained of the Defendant’s wife; and (d) other various circumstances, including the Defendant’s age, sex, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's above assertion is justified.
B. As to Defendant B, each of the crimes in this case committed against the victim, who is a juvenile with no established sexual values, shall be deemed to have been committed as a means of pursuing economic benefits and arranging sexual traffic.