아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than three years and six months.
3.2
1. The court below's scope of trial is dismissed among the facts charged against Defendant A, and all of the remaining facts charged are convicted. Since only the Defendant appealed the conviction part and the dismissal of prosecution without appeal is finalized, the court below's scope of trial is limited to the facts charged against Defendant A and Defendant B, which the court below found guilty.
2. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (Defendant B) in collusion with A to encourage the victimJ to become the counter-party to the act of purchasing the sex of a child or youth, or by intimidation to have the above victim become the counter-party to the act of purchasing the sex of a child or youth and to receive all or part of the consideration.
However, Defendant B is merely an aiding and abetting the movement of the above victim with a vehicle to help the above crime committed by Defendant A while silenting the above crime. However, Defendant B is merely an aiding and abetting the above victim.
B. The lower court’s sentence (Defendant A: imprisonment with prison labor for a maximum of five years, a short of three years and six months, Defendant B: imprisonment for a maximum of three years and six months) is too unreasonable.
3. Determination
A. The joint principal offender under Article 30 of the Criminal Act of the judgment of mistake of facts as to Defendant B commits a crime jointly with two or more persons. In order to constitute a joint principal offender, it is necessary for the joint principal offender to commit a crime through the functional control by the joint doctor, which is a subjective element, and the joint principal offender’s intent to commit a specific criminal act with a common intent, is one for the purpose of conducting a specific criminal act with a different person’s own intent, and it is insufficient to allow the joint principal offender to commit a crime with the awareness of another person’s criminal act without restraint.