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(영문) 서울고등법원 2017.11.02 2017노2207
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A and C shall be punished by imprisonment with prison labor for a period of three years and six months.

Reasons

1. We examine whether Defendant B’s appeal is lawful or not, ex officio, whether Defendant B’s appeal is legitimate.

According to the records, even if Defendant B was sentenced to the judgment of the court below on July 6, 2017 by the Suwon Friwon, Defendant B may recognize the fact that he/she submitted a petition of appeal to the warden of the Suwon Kriwon, which is the place of detention, on July 14, 2017, on July 13, 2017, which is the last day of the appeal period between seven days and the last day of the appeal period.

In addition, Defendant B was unable to submit a petition of appeal within the appeal period without any reason attributable to himself.

There is no assertion or vindication as to the circumstances that can be seen.

Therefore, Defendant B’s appeal is apparent after the right to appeal is extinguished. Therefore, Defendant B’s appeal should be dismissed in accordance with Articles 362(1) and 360(1) of the Criminal Procedure Act.

2. Summary of each appeal by Defendant A, C, and Prosecutor

A. Each sentence sentenced to Defendant A and C at the lower court’s respective sentencing arguments by Defendant A and C (each of the four years of imprisonment and 40 hours of order to prevent sexual traffic) is too unreasonable.

B. It is unfair that each of the types of punishment sentenced to the Defendants at the lower court’s unfair argument of sentencing against the Defendants (Defendant B: Imprisonment with prison labor for three years and six months, and order to complete a program for preventing sexual traffic traffickings at 40 hours) is too uneasible.

3. Judgment on the grounds for appeal

A. The Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse provides that, in order to protect children and juveniles and to thoroughly prevent business activities involving sexual traffic, Defendant A and C shall be punished by imprisonment with prison labor for a limited term of at least seven years.

The Defendants, with his own system, arranged K to engage in commercial sex acts, and recommended K not to engage in commercial sex acts any longer and threatened K to lose commercial sex acts.

O and N's brokerage business of sexual traffic is not likely to be socially criticized.

However, the defendant A and C are the same.

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