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(영문) 부산고등법원 2021.03.25 2020노582
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for five years.

Reasons

The summary of the grounds for appeal is that the punishment (the first instance court: imprisonment of three years and six months; 40 hours in the course of a sexual traffic brokerage program; 3 years in the employment restriction order; 10,000 won in the confiscation; 10,000 won in the second instance: imprisonment of four years and six months; 40 hours in the course of a sexual traffic brokerage program; 7 years in the employment restriction order; and 1890,00 won in the second instance): the punishment is too unreasonable.

2. The judgment of the court below was rendered ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and the judgment of the court below was rendered against the defendant, and the defendant filed each appeal against them, and the court decided to hold concurrent hearings of the above appeal cases. Each crime of the judgment of the court of first and second level against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, each of the above judgment of the court below cannot be maintained as it is.

3. As such, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed ex officio. Thus, without examining the defendant's unfair argument about sentencing, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed,

[The reasons for the new judgment (the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance against the judgment of the court of second instance)] criminal facts and the summary of evidence recognized by the court are the same as the facts in each corresponding column of the judgment of the court below, and thus, they shall be cited as it is in accordance with

Application of Statutes

1. Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact of gender purchase brokerage business for children and juveniles, and the case number, respectively), Article 19(2)1 of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, Etc., Article 30 of the Criminal Act concerning the crime, and Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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