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(영문) 인천지방법원 2017.08.18 2017노583
아동ㆍ청소년의성보호에관한법률위반(강요행위등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant recognized the instant crime, and thereby is against his mistake.

In the process of soliciting sexual traffic of this case, the Defendant did not exercise violence, and did not have any suspicion to easily resolve economic difficulties, and seems to have reached the crime of this case.

There is no record of other crime except for the punishment of a fine by a defendant for another type of crime.

At the time of crime, the defendant was 19 years of age, and is still 21 years of age and is still likely to be improved through appropriate edification in the future.

The above circumstances are the circumstances in which the defendant can be considered as positive factors of sentencing.

However, the crime of this case, while living together with the female juvenile C, who was 13 years old or older, solicited C to engage in sexual traffic by advertising the male who wants sexual intercourse through the Internet hosting room. The crime of this case is heavy in that the juvenile who tried to resolve economic difficulties in the state where the proper sexual identity or values have not been established, takes the means of economic profit-making or the fulfillment of sexual desire.

C, which was 13 years of age, appears to have suffered a lot of sexual humiliation and physical or mental pain due to the above crime by the defendant, and therefore, it is clear that C will interfere with the growth into a healthy and harmonious personality body.

In full view of all the sentencing conditions shown in the records and arguments of this case, including the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, including the above circumstances favorable or unfavorable to the defendant, the sentence imposed by the court below is deemed unfair because it is too low.

Therefore, the prosecutor's argument of sentencing that points this out is justified.

3. Conclusion Prosecutor.

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