아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for four years and six months, and by imprisonment with prison labor for six months.
Defendant .
1. The lower court, among the instant facts charged against Defendant A, assisted Defendant A to engage in sexual traffic with unspecified males who purchase sexual intercourse at the same time from January 2016 to February 2016, by having Defendant A engage in sexual traffic with children and juveniles I (3) in contact with them, and in return, receive 13 to 140,000 won of sexual traffic from I, or receive 1 to 140,000 won per day.
“For the purpose of the judgment of the court below which found the not guilty of the part, 1.
B. 1) As long as it is found that a person was guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.), the court did not render a separate verdict of innocence.
The prosecutor did not appeal against this, and the defendant A appealed against the remaining part of the judgment of the court below excluding the part not guilty of the above reasons. Thus, the part not guilty of the above reasons is judged to have been exempted from the object of public defense between the parties in accordance with the indivisible principle of appeal.
It should be viewed (see Supreme Court Decision 90Do2820, Mar. 12, 1991, etc.). Accordingly, the conclusion of the lower judgment with respect to the part not guilty of the above reasons is followed, and this Court does not decide separately.
2. The decision of the court below on the gist of the reasons for appeal (defendant A: imprisonment of four years and six months, and imprisonment of six months) is too unreasonable.
3. Ex officio determination
A. We examine ex officio prior to the determination of Defendant A’s unfair argument about sentencing.
Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018), which uniformly provides for the restriction on employment of children and youth-related institutions, etc. for ten years for persons sentenced to punishment for sex offenses against children, juveniles, or adults, has been amended by Act No. 15352, Jan. 16, 2018.