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(영문) 서울고등법원 2014.11.21 2014노2739

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is the circumstances favorable to the defendant, such as the fact that the defendant confessions and reflects each crime from the court below, the fact that the period of arranging the act of purchasing the sex of juveniles or arranging sexual traffic is not limited, and that the economic benefits derived from each of the crimes of this case are not significant.

On the other hand, in this case, the defendant's act of purchasing the sex of juveniles by leasing officetels and arranging commercial sex acts for business, and the crime is very serious in terms of the content and circumstances of the crime, and the defendant has been punished two times for committing the crime that has already caused the juvenile to receive entertainment for profit, etc., which are disadvantageous to the defendant.

Other various conditions of sentencing, such as the age, criminal record, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee.

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to twenty-five years;

2. Scope of recommendations according to the sentencing criteria;

(a) Type 3 (Provision, etc. of Place for Acts of purchase of sex for business purposes, mediation, or provision of information on good offices in information and communications networks, etc.) (the recommended field) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(b) Type 2 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the determination of types of punishment) (the brokerage, etc. of commercial sex acts due to the conduct of business, giving and receiving, etc.) (the recommended field) shall be a basic area (six months to one year and six months);

C. Many crime processing standards: in full view of four years and six months to eight years and nine, the court below's recommendation and sentence based on the sentencing guidelines against the defendant.