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(영문) 부산고등법원 2020.05.20 2020노20
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

[Defendant A] The part of the judgment of the court below against Defendant A (including the part not guilty in the grounds) shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.), among the facts charged in this case of erroneous determination of facts, Defendant A took part in Defendant A’s act by sufficiently recognizing that Defendant B forced the victim to engage in sexual traffic and received the consideration therefor, and the intention of joint processing and sharing of the commission for the act of execution are recognized. Thus, Defendant A constitutes a co-principal of the above crime.

Nevertheless, the court below recognized only the liability for aiding and abetting Defendant A to commit the above crime, and judged that this part of the facts charged by the co-principal was not guilty for the reason. In so doing, the court below erred by misunderstanding facts and thereby affecting the conclusion of the judgment

B) The sentence imposed by the lower court on Defendant A (two years of imprisonment with prison labor and three years of suspended execution, etc.) is too uneasible and unfair. 2) The sentence imposed by the lower court on Defendant B (two years of imprisonment with prison labor and six months of imprisonment with prison labor, and two years and six months of short-term, etc.) is too uneasible and unfair.

B. The above punishment sentenced by the court below to Defendant B is too unreasonable.

2. Judgment on the misapprehension of the facts by the prosecutor related to Defendant A’s crime in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

A. The facts charged in this part of the facts charged [former Facts] B became aware of the Defendant A (hereinafter referred to as the “Defendant”) who was aware of a female-friendly job offers of C in the private villages D (hereinafter referred to as “Defendant”) through C, which was known around June 2019.

From June 10, 2019, the Defendant and B had been living in the business of sexual traffic, called ‘conditional South', by putting the room in the Mamo-gu, Busan.

[Fact-finding] Around June 27, 2019, the Defendant and B heard that the Defendant’s act of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.) went from the G of the G of the G of the G of the G of the G of the G of the G of the G of the M of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the

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