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(영문) 부산고등법원 2017.11.16 2017노453
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) Defendant A was guilty of this part of the facts charged by the lower court, despite that Defendant A did not engage in a business of arranging the purchase of sex of G, which is, a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., brokerage, etc.), as indicated in the lower judgment, although it was not a business of arranging the purchase of sex of G, a juvenile. In so doing, the lower court erred by misapprehending

2) Although Article 14 (1) 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “the person who has induced and induced a child or juvenile to become the counterpart of buying the sex of a child or juvenile for the business purpose”) shall apply to the crime committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in the judgment below, the court below applied Article 15 (1) 2 of the same Act (hereinafter “the person who has assisted and induced a child or juvenile to become the counterpart of buying the sex of a child or juvenile for the business purpose”), the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for 4 years, fine of 5 million won, etc., Defendant B and C) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, “business” is conducted with repetition, continuity, and whether it constitutes such a case, regardless of whether Defendant A simply has human or physical facilities necessary therefor, comprehensively takes into account various circumstances, such as the repetition and continuity of the pertinent act, whether the pertinent act was conducted, whether the pertinent act was conducted, the purpose and scale of business, the number of times, the period, and the patterns, and the intention to continue to continue to exist.

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