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(영문) 서울고등법원 2015.08.28 2015노1490

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant did not agree to arrange the act of arranging sexual traffic to the victim Q as stated in the facts constituting the crime of Defendant B, C and the lower judgment.

Since the Defendant did not intend to jointly process with regard to this part of the crime and did not perform functional control over the crime, the Defendant does not assume responsibility as a co-principal.

B) Regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims Q, the Defendant entered into a sex relationship under an agreement with the victim and did not exercise the victim’s power. Even if the Defendant exercised his/her power, the causal relationship between the force and the sex relationship is not acknowledged. 2) The sentence sentenced by the lower court of unfair sentencing is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles) The Defendant did not have conspired to arrange the act of arranging sexual traffic to the victim Q as stated in the facts constituting the crime of Defendant A, D, E and the lower judgment.

The Defendant did not intend to jointly process with regard to this part of the crime, and there was no functional control over the crime, so the Defendant does not assume responsibility as a co-principal.

B) As to the facts constituting the crime of the lower judgment, the Defendant’s attempt to arrange sexual traffic to the victim Q Q is only 2-3 times. In addition, with respect to the frequency of arranging sexual traffic against the victim U, the lower court found the Defendant guilty of this part of the facts charged by reliance on the statement made by the victim U, U.S. investigation agency with no credibility. 2) The sentence imposed by the lower

C. Defendant C1) In relation to the frequency of committing the Defendant’s crime in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.), the number of times in which the Defendant arranged sexual traffic is 15 times for the victim U.S. and 4-6 times for the victim Q, and the lower court is the fact.