beta
(영문) 수원지방법원 2016.08.25 2016노3390

아동ㆍ청소년의성보호에관한법률위반(강요행위등)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a long-term one year and six months of imprisonment, a short-term one year, 40 hours of completing sexual assault treatment programs, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s arguments.

The defendant fully acknowledges the crime of this case; the defendant appears not to threaten or forcibly suppress E and F, which are juveniles, in the course of the crime of this case; the defendant's criminal proceeds are not many; E and F have been obtained from the crime of this case; and the defendant's preemptive action against the defendant in the trial of the court of first instance; however, E's legal representative has submitted a document to the effect that he want to be punished against the defendant at the court below and the trial of the court of first instance, and it does not seem to have yet been compensated against E and F;

The fact that the defendant is still a minor of 18 years of age, that the defendant has no record of criminal punishment so far, and that the large amount of the defendant is leading to the defendant, are favorable to the defendant.

On the other hand, the crime of this case is committed against the defendant, because the defendant who graduated from a high school was over 13 years of age E and 14 years of age, arranged to have the above juveniles engage in commercial sex acts, and took the above juveniles into the commercial sex acts, and then divided the price for commercial sex acts. The crime of this case is not very good, and the crime of this case is rather used as a sexual tool for criminal proceeds and thus is highly likely to have adverse impacts on society, and the defendant committed the act of arranging commercial sex acts of this case using a cellular phone hosting program, which is a medium with high radio wave, and is disadvantageous to the defendant.

All these circumstances and character of the defendant;