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(영문) 대구고등법원 2015.06.18 2015노160
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.

B. Defendant B1) misunderstanding of facts (the crime No. 1 of the original judgment)

(2) Defendant B’s punishment (one year of imprisonment) imposed by the lower court on Defendant B at the time of committing this part of the crime, is too unreasonable, and there is no fact that Defendant B had been unaware of the said criminal facts, and that he had arranged sexual traffic among them.

C. According to the evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles, the defendants' business of arranging sexual traffic by mediating sexual traffic to juvenile N, F, G, H, and I on several occasions as stated in this part of the facts charged can be acknowledged. 2) Each punishment sentenced by the court below of unfair sentencing to the defendants is too uneasible and unfair.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to Defendant B’s assertion of misunderstanding of facts, Defendant B’s perception of the fact that Defendant B was a juvenile, it can be sufficiently recognized that Defendant B was a juvenile at the time of committing this part of the crime. ① At the time of committing this part of the crime, Defendant B was aware of the fact that Defendant F and G was a juvenile.

)에서 F, G 및 그들의 친구인 N과 함께 생활하였던 I은 경찰에서 피고인들이 N, F, G가 쉼터에서 만난 청소년이라는 사실을 알고 있었다고 진술하였다(증거기록 65쪽). ② N은 경찰에서 처음에 스마트폰 어플인 ‘즐톡’을 할 때부터 피고인 A에게 채팅상으로 16살이라고 이야기하였고, 피고인 B에게는 자신이 직접 이야기를 하지는 않았으나, 피고인 A에게 이야기를 들어서 아는지 나이가 어린 것을 알고 있었으며(증거기록 110쪽 , F, G가 이 사건 빌라로 올 때 그들이 자신의 친구임을 피고인들에게...

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