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(영문) 서울고등법원 2017.01.19 2016노3224
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Each carry phone (Evidence No. 1 VEGM-A890S.) seized.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. It shall be considered ex officio before judgment on the grounds for ex officio appeal following changes in indictment.

The prosecutor tried to conduct sexual traffic over several occasions with male and female in the name of the prosecutor under Paragraph 2 of the criminal facts stated in the indictment.

As a result, the defendant has assisted the act of buying sex of the victim who is a juvenile, as a business.

“The part”, in addition to having a male and female sexual traffic conduct, mediates the act of purchasing the sex of the victim who is a child or juvenile by arranging sexual traffic with a male and female sexual traffic in the same manner in the same place as around 03:00 on the same day as the 21st day of the same month.

Article 15 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 15 (2) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse), which is a legal provision applicable to the amendment, applied to the amendment, filed an application for amendment to the amendment of a bill of amendment to the effect that "Article 15 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse" was amended to "Article 15 (2) 3 of the Act."

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is delivered as follows.

【Grounds for a new judgment】 The facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, were mediated by arranging sexual traffic with male and female sexual intercourse with the child, from No. 15 to No. 16 of the judgment of the court below, from No. 2 to No. 16 of the judgment of the court below.

“The part” is the same at the same place as at around 03:00 on the same day as the 21th day of the same month, including that “for a person to engage in sexual traffic with a man who is not his name.”

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