아동ㆍ청소년의성보호에관한법률위반(강요행위등)
The judgment of the court below and the judgment of the court below are all reversed.
Defendant
O shall be punished by imprisonment with prison labor for a period of two and a half years and by imprisonment for a defendant A.
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (three years of imprisonment) against Defendant O is too unreasonable.
B. Defendant A1) The lower court convicted the Defendant of committing a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Act, etc.) since the Defendant: (a) induced or solicits the victim to contact all or part of the body during sexual traffic; and (b) did not induce the sexual intercourse; (c) thereby, the lower court erred by misapprehending the legal principles regarding the facts that constitute the basis for recognition
2) Each sentence of the lower court against the Defendant (one and half years of imprisonment and six months of imprisonment) is too unreasonable.
C. The lower court’s imprisonment (three years of imprisonment) against Defendant B is too unreasonable.
2. Determination
A. As to the Defendant’s assertion, the Defendants, including the DefendantO, provided the victim, who is a child or juvenile, in an officetel, provided the victim with accommodation, and conspired with the victim to use the victim’s price for sexual traffic for living expenses, etc. for the purpose of engaging in commercial sex acts from October 3, 2018 to October 16, 2018, posted a letter to the effect that sexual traffic is conducted by using the smartphone display case, “Grax,” etc., a smartphone display, etc., and used the victim’s sexual traffic time and place at the time of commercial sex acts for the male and female victim, followed the victim to have sexual intercourse at least three times a day after receiving the victim’s sexual intercourse with the price for commercial sex acts.
In light of the relationship between the Defendants and the victims, the details and details of the crime, and the method of the crime, the nature of the crime is bad.
In particular, the victim seems to have suffered considerable mental pain due to the crime of this case by the defendants.
On the other hand, Defendant O reflects the entirety of the instant crimes from the lower court to the instant court.