아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendants A [Defendant 1] (Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Trade Conduct, etc.)] Defendant A (“Defendant”) is one juvenile who mediates sexual traffic, and the mediation period is five days from December 8, 2015 to the 11th day of the same month, and the same month, and the mediation period is five to six times, and only five to six times, the Defendant did not engage in the brokerage of sexual traffic.
Nevertheless, the court below found the defendant guilty of the above facts charged. The court below erred by misapprehending the facts.
B) At the time of the crime of paragraph (1) 2-A of the judgment below, Defendant B temporarily lent a siren under the name of the Defendant upon request from P and Q at the time of committing the crime of paragraph (1) 2-B of the judgment of the court below, and Defendant B, at the time of committing the crime of paragraph (2) 2-B of the judgment of the court below, did not have brokerage of commercial sex acts for the purpose of engaging in commercial sex acts for five days voluntarily. Thus, the Defendant did not “business”.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts.
C) Defendant C [the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme)] had no fact of exercising force against sexual intercourse with the victim, and there was an agreement on sexual intercourse with the victim.
Even if the victim expressed his/her intention to refuse the sexual intercourse, this is merely a refusal of a specific body of the victim against the victim’s sexual intercourse. Thus, even if the defendant made a sexual intercourse against the victim’s intention, he/she had sexual intercourse with the victim by force by force.
shall not be deemed to exist.
Nevertheless, the court below found the defendant guilty of the above facts charged. The court below erred by misapprehending the facts.
2) Each sentence of the lower court (defendant A and B) against each of the Defendants.