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(영문) 부산고등법원 (창원) 2015.09.23 2015노163

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등

Text

All judgment of the court below shall be reversed.

Defendant

I Imprisonment with prison labor for five years, for four years, for Defendant J, and for Defendant K.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1’ respective sentences (including 6 years of imprisonment with prison labor for Defendant I, 5 years of imprisonment with prison labor for Defendant J, 2 years of imprisonment with prison labor for Defendant A, and 7 years of imprisonment with prison labor for Defendant K) declared by the lower court to the Defendants are too unreasonable.

B. The Prosecutor’s sentence against Defendant A (the first instance judgment: imprisonment with prison labor for 2 years, and the second instance judgment: the suspended sentence for 2 years in prison for 8 months) of the lower judgment is deemed to be too uneasible and unfair.

2. Determination

A. The above defendant I, together with Co-Defendant J, K, etc., took advantage of the victim's financial interest pursuing and meeting his sexual desire, and did not seriously impair his character and dignity. The above defendant took advantage of the victim's situation where the victim was living together with Co-Defendant J, K, etc., and took advantage of his power by force, or by threatening other commercial sex brokers, and let them engage in commercial sex acts and take advantage of their price. The above defendant led the above defendant to commit the above crime. The above defendant's crime was committed, and the above defendant et al. took the victim's situation where he was living together with money due to their own economic interest pursuit and the lack of economic situation, and did not seriously injure his character and dignity. In addition, the above defendant did not pay money by taking advantage of his own status, or by assaulting other persons and damaging property, etc., and committed the above crime, which is disadvantageous to the defendant.

However, the above defendant is not punished against the defendant, but is punished against U.S., the victim of the crime of violation of the Punishment of Violence, etc. Act (joint violence). The above defendant has committed an injury and damage to property in the first instance.