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(영문) 대법원 2016.02.18 2015도15664
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.)

A. The court below held that the Defendants jointly engaged in the business of arranging the purchase of child and juvenile sex.

This part of the facts charged is found guilty by applying Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) and Article 30 of the Criminal Act.

The gist of the grounds of appeal on this point is that in order to recognize the "act mediating the purchase of sex by a child" under Article 15 (1) 2 of the Juvenile Sex Protection Act as "act mediating the purchase of sex by a child," the other party to the purchase of sex must be recognized as a "child," and the court below omitted the deliberation thereon, and the defendants do not arrange sexual traffic as a business, and therefore, the defendants do not constitute a crime of violation of the Juvenile Sex Protection Act (business act, etc.).

B. Article 2 subparag. 4 of the Juvenile Protection Act provides that "the act of purchasing sex of a child or youth" means doing any of the following acts, such as sexual intercourse, against a child or youth, or compelling a child or youth to do so, in return for offering or promising to offer money or goods, other property benefits, duties, convenience, etc. to a person who arranges the purchase of sex of a child or youth, or a person who actually protects and supervises the child or youth, or a person who actually protects and supervises the child or youth.

In addition, Article 13(1) of the Juvenile Sex Protection Act provides that “a person who has engaged in buying sex of a child or youth” shall be punished by imprisonment with prison labor for not less than one year but not more than ten years, or by a fine not less than 20,000 won but not more than 50,000 won, and in addition, Article 15(1)2 of the same Act provides that “a person who has assisted the purchase of sex of a child or youth as his/her business” shall be punished by imprisonment with prison labor for a limited term of not less than seven years.

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