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(영문) 대구고등법원 2016.02.04 2015노538
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, did not engage in a “business” or “business” brokerage for sexual traffic with C, E, and F.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the meaning of “business” or “business” under Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 19(2)1 of the Act on the Punishment of Acts, Etc. such as Arranging Sexual Traffic, means that an offender continues to repeat the same act (i.e., engaging in mediating sexual traffic), and the determination of whether the relevant act constitutes such case ought to be made in accordance with social norms, by comprehensively taking into account the following: (a) whether the relevant act is repeated and continuous; (b) whether the relevant act was conducted; (c) whether the relevant act was conducted; (d) whether the relevant act was conducted; and (e) whether the relevant act was conducted or not; and (e) whether the relevant act was conducted or not; and (e) whether the relevant act was conducted or not, and (e) whether the relevant act was conducted or not; and (e) whether the relevant act was conducted or not, and (e) whether the relevant act was conducted or not, based on evidence duly adopted by the court below.

① The Defendant offered accommodation and protection to C, E, and F, and obtained the Defendant’s consent from the time when he/she received the consent by offering a commercial sex act called “on the basis of other conditions” with the Defendant’s smartphone display c, E, and F, and then repeatedly contacted with the Defendant’s smartphone purchase through the Defendant’s smartphone display c, etc., and where the agreement with the Defendant regarding commercial sex acts is reached, he/she shall instruct C, E, and F to leave the place of promise, or directly take the place of promise into a passenger, and, if C, E, and F return to the telecom after completion of commercial sex acts, he/she received 50,000 won of the money received as compensation for commercial sex acts from the female (E was stated in the police with the above content and was stated in the police.

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