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(영문) 서울고등법원 2017.08.29 2017노1496
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

[Defendant A, B, C, D, and E] Of the lower judgment, the part of the lower judgment against Defendant A, B, C, D, and E is reversed.

Defendant

A. Imprisonment.

Reasons

The summary of the grounds for appeal is as follows: Defendant A, C, D, E, F, and H (Sentencing Sentencing) that the lower court sentenced the Defendants (Defendant A: imprisonment with prison labor for a maximum of three years and two years and six months, etc.; Defendant C: imprisonment with prison labor for a period of two years and six months; Defendant D: imprisonment with prison labor for a period of one year and six months; Defendant E, F, and H: imprisonment with prison labor for a period of four years and six months; etc.) are too unreasonable.

The Prosecutor (Improper Sentencing) sentenced by the lower court to the Defendants (Defendant B and G: 1 year of suspended sentence; 2 years of suspended sentence; and the remaining Defendants: the same as the above) is too uneased and unfair.

Judgment

Defendant

A, B, C, D, and E Public Prosecutor applied for the amendment to a bill of amendment to the indictment with the content of the facts charged by Defendant A, B, C, D, and E as stated in the judgment below. Since this Court permitted it, the part of the judgment of the court below against the above Defendants cannot be maintained.

Defendant

The Defendants’ crime of mediating juvenile sexual traffic committed by the Defendants regarding F, G, and H grounds for appeal is very heavy in light of the following: (a) the Defendants arranged the sexual traffic of N, a female juvenile, using mobile phone application application application with strong radio wave; (b) the use of mobile phone application application as a means of committing the crime; (c) the use of sexual values as a means of economic profit-making means; and (d) the use of female juveniles whose sexual values have not been properly established; (c) thereby, female juveniles are exposed to physical mental risks; and (d) the creation of sexual identity and values in the future.

In addition, in the case of Defendant F, Defendant F committed the instant crime without being aware of it during the suspension period of the execution of a sexual crime, and ② Defendant G committed the instant injury in the course of trial due to the said crime, and did not receive a letter from the victims of the said N or the injury or recover their damage.

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