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(영문) 수원고등법원 2020.12.23 2020노675

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and imprisonment for up to three years) by the lower court is excessively unreasonable;

2. The fact that the defendant recognized and reflected all of the crimes of this case in the trial at the same time, the equity should be considered in the case of the previous crimes (the crime of fraud and the crime of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission) related to each of the crimes of this case and the latter concurrent crimes of Article 37 of the Criminal Act, and the defendant does not seem to have forced sexual traffic, and the period of the crime is relatively short, and the mother of the defendant sought the wife against the defendant, leading the defendant, and preventing recidivism is favorable to the defendant.

However, the defendant, not only arranged many women including juveniles to engage in commercial sex acts against many unspecified people, but also recommended them to participate in such acts. This is not only detrimental to the sound sexual culture and good morals by commercializing women's sex, but also to protect juveniles in need of social protection by mentally and physically aestheticly familiarity, it seems that there is a very poor quality of crime and that there is a very adverse effect on the sound growth of the relevant juveniles and the establishment of their sexual identity.

In addition, on September 22, 2017, the Defendant was sentenced to imprisonment for three years due to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.), etc. in the Suwon District Court’s Ansan Branch on September 22, 2017, and committed each of the crimes in this case without being aware of the fact that the Defendant had been under suspension of execution, and committed each of the crimes in

In addition to these circumstances, there are no new circumstances or special changes in circumstances that can be reflected in the sentencing after the pronouncement of the judgment of the court below, and the imprisonment as determined by the court below constitutes the minimum of statutory punishment that has undergone discretionary mitigation.