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(영문) 광주지방법원 2018.05.02 2018노630
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a maximum of ten months, for a short of six months, for defendant B, for a maximum of six months and for a short of six months.

Reasons

1. The summary of the grounds for appeal (defendant A: imprisonment with prison labor for a maximum of one year, with prison labor for a short of eight months, with prison labor for a maximum of eight months, with prison labor for a short of six months and with prison labor for a short of six months) is too unreasonable.

2. We examine the judgment, and there are records that the Defendants received juvenile protective disposition several times due to special larceny, etc., Defendant B had a criminal record of probation, and the Defendants committed the instant crime while undergoing the protective observation is disadvantageous to the Defendants.

However, the Defendants still have a juvenile, the parents of the Defendant A bear the costs of treating the victimized victim L, the said victim expressed his intention not to punish the Defendant A, and the period of arranging sexual traffic by the Defendants is long.

In light of the fact that it is difficult to see that the Defendants were sexually engaged in sexual traffic as good offices by the Defendants, and the fact that F, a juvenile, who had committed sexual traffic as good offices by the Defendants, wanted the Defendants to be placed in the preference, and other circumstances of sentencing indicated in the records, such as the background of the instant crime and the circumstances before and after the instant crime, the punishment against the Defendants is somewhat unreasonable and unfair. Therefore, the Defendants

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court seems to be a clerical error in the judgment of the court below, which appears to be a part of the facts constituting the crime No. 6 of the judgment of the court below to be a "shared divided by divided," as stated in the indictment to be changed to "B," among the facts constituting the crime of the court below.

In addition, it is the same as stated in each corresponding column of the judgment of the court below, and therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendants of the pertinent legal provisions and the choice of punishment on criminal facts: The Defendants of the pertinent criminal facts: Article 15(2)3 of the Act on the Protection of Juveniles from Sexual Abuse; Article 30 of the Criminal Act; Defendant A of the choice of imprisonment: Criminal Act.

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