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(영문) 부산고등법원 (창원) 2019.06.05 2018노303
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

All the judgment below against the Defendants is reversed.

Defendant

A Imprisonment for three years, and Defendant B for two years and six months.

Reasons

1. Although Defendant A and B’s defense counsel argued for a mistake of facts to the effect that “no sex trafficking has been forced against D” in the statement of grounds for appeal, the above Defendants and their defense counsel withdrawn the aforementioned assertion of mistake of facts during the fifth trial of the trial of the political party.

Each sentence sentenced to the Defendants (Defendant A: Imprisonment with prison labor for three years, Defendant B: Imprisonment for two years and six months, etc., Defendant C: imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. Defendant A and B (hereafter referred to as “Defendants” in this paragraph) recommended 13 years of age and 14 years of age to engage in commercial sex acts, and further demanded that Defendant D, who had been living outside of commercial sex acts, be forced to engage in commercial sex acts by force as well as to manage and use the proceeds of commercial sex acts by demanding that Defendant B pay for the medical expenses incurred by Defendant B. In light of the circumstances and contents of the crime, etc., Defendant A committed a crime with poor quality and heavy liability; Defendant A committed a crime jointly with Defendant C without being tried to commit the act of arranging commercial sex acts, etc., and the Defendants’ act of arranging commercial sex acts, etc. was committed against female juveniles who did not properly form awareness and values as to sexual sex acts, and thus, the Defendants’ act of inducing commercial sex acts, etc. is disadvantageous to the Defendants.

On the other hand, since the defendants were detained on October 18, 2018, they were suffering from committing the crime in the trial, and they were diversified in depth by submitting repeated rebuttals while living in custody so far. The female juveniles of this case do not want punishment against the defendants. The female juveniles of this case conducted sexual traffic with the help of the defendants in order to continue their runaway life.

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