2013No270 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( native)

violation of the law(or purchase, etc.), violation of the Labor Standards Act, worker retirement.

Violation of the Benefit Security Act

A

Defendant

Freeboard, leapment (prosecutions), Kim Woo (Trial)

Law Firm B, Attorney C

Busan District Court Decision 2012Gohap149, 2013Gohap190 decided May 10, 2013

2) Judgment

November 13, 2013

The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

The punishment sentenced by the court below (five years of imprisonment and fine of ten million won) is too unreasonable.

2. Determination

It is recognized that the Defendant: (a) seems to have repented the mistake in depth and actively cooperated in the investigation; (b) the Defendant had no specific criminal records other than sentenced to a fine due to a violation of the Health Functional Foods Act in 2005; and (c) the Defendant, who administered a phiphone, had already been experienced in administration of phiphones to D and E.

However, the Defendant: (a) administered 15 philophones; (b) held 0.89g of philophones; (c) held 15 to 16 years old; (d) held sexual purchase activities against D, E, I, and M 17 times in total; and (e) held 15 times in the process of administering philophones over 15 times; (d) the Defendant committed an act against minors, with no experience in administering philophones; and (e) held that 40 workers working for the game have no capacity to pay wages and 18.8 million won in total; and (e) the Defendant’s act of using 15 to 15 years old or 16 years old is against the Constitution’s constitutional law and regulations on the prevention of excessive punishment; and (e) held that there is no possibility of excessive punishment against the Defendant’s violation of the law and regulations on punishment and the overall aspects of the law and regulations, and thus, there is no need to comprehensively determine how to punish any act as a crime.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge and the judge;

Judges Jong-young

Judge Lee Jae-Un,