아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D shall be punished by imprisonment for a term of one year and six months.
except that this shall not apply.
1. The main point of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A: 2 years of imprisonment with prison labor for a maximum term, 2 years of short term, 1 years and 6 months of short term, 2 years of suspended execution, etc. in June 1 and 2 years of short term, 2 years of imprisonment with prison labor for a maximum term, 1 year and 6 months of short term,
2. Determination
A. As to Defendant A and B, Defendant A, a female juvenile who was merely a second grade of middle school, intended to commit so-called “conditional Fraud” crime. During this period, Defendant A arranged sexual traffic against M in three times, or committed a crime of extortion or robbery against sexual buyers.
In addition, Defendant A committed an indecent act by force against M.
During the same period, Defendant B, together with Defendant A or together with other accomplices, assisted M to engage in sexual traffic over two occasions, and inflicted an injury upon Defendant B, together with other accomplices.
The crime of arranging sexual traffic is a crime that enables the commercialization of sex and harms the sound sexual culture and good morals.
In particular, the crime of arranging sexual traffic against juveniles is not established with proper sexual identity and values, and the social and economic status of juveniles are used as a means of inducing economic benefits or taking them into the object of sexual satisfaction, and thus there is a high possibility of illegality and criticism in that they violate the human rights of juveniles.
In addition, Defendant A tried to commit sexual traffic and attempted to commit the crime of robbery against sexual buyers.
Due to the series of crimes committed by the Defendants, M was engaged in sexual traffic even though it was not smooth to do so, and became a big mental shock, such as harming one’s own hand in violation of the knife.
Although M does not have any profit from committing the crime of assaulting and abetting sexual traffic or committing sexual traffic, the Defendants do not object to their own crimes, such as asserting M himself/herself as an accomplice, and asserting that M is an accomplice.