아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The judgment of this case is that each of the crimes of this case committed by an adult, who has the social responsibility to protect and lead a child's youth to form a sound sexual morals, encourage the victim D, who is a high school student, to engage in commercial sex acts, and the victim's refusal to engage in commercial sex acts any longer by repeatedly committing commercial sex acts, forcing the victim to engage in commercial sex acts again by inducing him/her to know the fact of commercial sex acts, and he/she took up all the proceeds of commercial sex acts, and there is a very poor crime that the victim J and L, which was in a relationship with him/her, obtained money equivalent to KRW 19 million in total, in addition to the victim J and L, which were in a relationship with him/her, the victim D seems to have caused serious mental pain and sexual humiliation, and the defendant still wanted to punish the defendant, and there is a need to strictly punish each of the crimes of this case without being aware of the fact that he/she is a repeated offender.
On the other hand, the fact that the defendant fully recognizes his crime, the defendant has no same criminal history, and the victim L of the fraud does not want the punishment of the defendant is favorable to the defendant.
In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, the sentence imposed by the lower court is too heavy or uneasible.