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(영문) 서울고등법원 2016.08.30 2016노839
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for two years.

, however, from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendants (two years and six months of imprisonment for each of the defendants A, B, and D), is too unreasonable.

The prosecutor of the judgment ex officio changes the facts charged against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse to 2015 high 481. Of the facts charged against Defendant B, Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to “Article 19(1)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic” as “Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse,” and Article 30 of the Criminal Act applied to Defendant C and D’s charges as “Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 30 and 37 of the Criminal Act, and Article 38 of the Criminal Act were amended to the effect that the court below’s application for permission was no longer permissible.”

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and it is again decided as follows.

【Grounds for another judgment】 Criminal facts 【2015 Gohap 481】

1. Defendant A and B

A. The Defendants, on December 2014, jointly committed the crimes of Defendants 1), have a policeman H (the age of 18) residing in K building 806, which was leased by Defendant A, who is in the J of Suwon-gu, Suwon-si, and, together, had a male guest fluencing a male guest on smartphone-making type “L”, “M”, “N”, etc. to recruit a non-personal male guest who wished to engage in sexual traffic, and let the above H go to go to the above studio, which is the head of the lawsuit promised with the above male guest.

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