Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
(b) the defendant;
Reasons
The gist of the grounds for appeal is that the Defendant, by misapprehending the legal principles on the grounds for appeal, involved in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (in coercion, etc.) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (inception, etc.
In addition, the punishment sentenced by the court below (4 years and 6 months of imprisonment) is too unreasonable.
Judgment
In the lower court’s determination on the misapprehension of the legal doctrine, the Defendant argued to the same effect as the grounds for appeal, and the lower court held that the essence of the joint principal offender is functional control due to the division of decentralization roles.
As a common principal offender is in control of functional acts by a common doctor, the two are distinguished in terms of non-control (see Supreme Court Decision 88Do1247, Apr. 11, 1989). The defendant sought men who will purchase the victim's sex using smartphones, had the victim monitor and engage in sexual traffic, and then delivered the price to G with the victim. The defendant's above acts had functional control over each of the above acts by the joint will for each of the crimes.
The defendant did not accept the above assertion on the ground that it is reasonable to view it.
In light of the records, the judgment of the court below is just, and this part of the judgment below did not err by the defendant's assertion.
The crime of this case in which the defendant conspired with his accomplices to have a female juvenile victim engage in the sexual traffic, acquired the consideration, mediated the sexual traffic of the victim as a business, and had sexual intercourse with the victim by force. The crime of this case is very poor in the nature of the crime, and the victim suffered considerable mental and physical pain, and there is a disadvantage to the defendant.
However, the defendant.