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(영문) 광주고등법원 2019.05.16 2019노37
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the part of the defendant’s case and the case for which a request to attach an attachment order was filed. Since only the defendant appealeds the part on which the request to attach an attachment order was filed, the court below excluded the part on which the request to attach an attachment order was filed from the scope of the trial of this court, notwithstanding Article 9(8) of the Act on Probation

2. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

3. The Defendant: (a) assisted an unspecified number of unspecified persons to purchase child or youth sex and rapeed a victim who is merely 13 years of age.

The nature of crimes is very bad in light of the circumstances of crimes and the details of crimes.

The Defendant committed each of the crimes of this case without being aware of, even though he was a repeated crime, and did not receive any suspicion from, the victim of rape until this court.

In full view of the above circumstances and other various circumstances indicated in the records and pleadings of this case, even if considering the following circumstances, even though the Defendant’s confessions and reflects all of the crimes in this court, and the benefits acquired as a result of the commission of sexual traffic are relatively small, it does not seem that the lower court’s sentence against the Defendant is too unreasonable.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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