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(영문) 대구고등법원 2020.10.08 2020노224
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (one year of imprisonment, etc.) is too unreasonable.

B. Defendant B (1) The sentence imposed by the lower court of unfair sentencing (one year and six months of imprisonment) is too unreasonable and unfair, and the personal information registration period is also inappropriate. (2) The lower court’s issuance of an employment restriction order is unreasonable due to excessive restriction, despite the absence of the risk of recidivism by the illegal Defendant.

Judgment

A. Defendant B’s judgment on the assertion of unfair sentencing by the Defendants is against the Defendant’s confession of the instant crime from the lower court to the point of view, and Defendant A also recognized all the instant crimes including the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) that were previously denied during the trial, and it appears that the period of the instant business was not more than one month and the profits acquired by the Defendants are not much high, and that the Defendants did not have the same criminal power, etc. are favorable to the Defendants.

However, the crime of this case was committed in violation of the legislative intent of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Punishment of Acts of Arranging Sexual Traffic, which aim to protect children and juveniles from sexual assault and to eradicate the acts of arranging sexual traffic, etc. with the aim of protecting children and juveniles from sexual assault and helping them grow up as healthy members of society.

The Defendants, especially as a business, are crypted in the sense that the proper sexual identity and values are used as a means to pursue economic benefits by arranging the act of buying sex of juveniles as a means of arranging the act of buying sex of juveniles.

Defendants neglected to confirm their age while employing juveniles.

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