Defendant 1 and three others

Defendants and Prosecutor

Na-Jak, Na-Jak, Na-Jak, Kim Jong-Un (Court) and He/she shall conduct a trial

Attorneys Kim Jong-he et al.

Applicant for Compensation

1. Changwon District Court Decision 2014Gohap266, 2014Gohap320 (combined), 2015Gohap10 (Consolidated), 2015Gohap68 (Consolidated) decided April 30, 2015; 2.2. Changwon District Court Decision 2014Gohap960 decided September 23, 2014

All judgment of the court below shall be reversed.

Defendant 1 is punished by imprisonment for five years, by imprisonment for four years, by imprisonment for four years, by imprisonment for five years, and by imprisonment for three years, and by imprisonment for two years and six months, respectively.

However, for four years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant 3 shall be suspended.

Defendant 3 shall be put on probation and be ordered to complete the sexual assault treatment program for 80 hours each by the Defendants.

The cash confiscated (one thousand won per day) KRW 410,00 (No. 1) shall be forfeited from Defendant 2 and one accelerator (No. 2) from Defendant 1, respectively.

An application filed by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. Defendants

The first instance court's punishment (including six years of imprisonment with prison labor for the defendant 1, five years of imprisonment with prison labor for the defendant 2, two years of imprisonment with prison labor for the defendant 3, seven years of imprisonment with prison labor for the defendant 4) is too unreasonable.

(b) Prosecutors;

The punishment against Defendant 3 of the original judgment (the first instance judgment: the imprisonment of 2 years, the imprisonment of 2 years: the suspension of the execution of 2 years in the imprisonment of 8 months) is too unfortunate and unfair.

2. Determination

A. Defendant 1

The above defendant, together with Co-Defendant 2 and Defendant 4, had a large number of young children access to the male and female, and had them engage in commercial sex acts under his control by threatening them to force, or by threatening other commercial sex brokers, and had them take advantage of their price. The above defendant led the above crime. The above defendant used the situation of the victims who go against money due to their economic interest pursuing and satisfying their sexual desire, and did not seriously harm their personality and dignity. The above defendant committed the crime, such as taking money by taking advantage of his own status, or by threatening them to commit the act of assaulting and damaging property by threatening them. The above defendant committed the crime, which is disadvantageous to the above defendant.

However, it is also recognized that the above defendant committed all of the crimes of this case, and committed a violation in depth, and that Nonindicted 1, 2, and 5, the victim of the crime of abduction of sexual traffic, were not punished against the defendant, and that Nonindicted 6, the victim of the crime of violation of the Punishment of Violence, etc. Act (joint assault) is not punished against the defendant, and that the victim of the crime of violation of the Punishment of Violence, etc. Act (joint assault) is not punished against the defendant, and that the victims of the crime of injury and damage to property do not want to be punished against the defendant under an agreement with Nonindicted 7 and Nonindicted 8, the victims of the crime of injury and damage to property, and that the defendant has no record of punishment exceeding the fine, in addition to juvenile protection cases.

In full view of the above sentencing factors and the statutory punishment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has the largest punishment among the crimes in this case (limited to imprisonment of not less than seven years), and the applicable sentences in this case (limited to imprisonment of not less than seven years), the age, character and conduct, intelligence and environment, criminal records, motive and circumstance leading to each of the crimes in this case, the means and consequence leading to the crime in this case, and the circumstances after the crime, etc., it is deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the above defendant's assertion is justified.

【Main Grounds for Determination of Sentencing】

- Many Crimes

- Offenses of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.): sexual traffic crime group, sexual traffic crime subject to the age of 19, brokerage, etc. of sex trafficking for children and juveniles, Type 3 (Provision of a place of buying sex for business, brokerage, provision of information on good offices in information and communications networks, etc.), serious reflectivity, etc.

-the crime of kidnapping sexual traffic: type 3 (the crime of abduction of labor force, sexual exploitation, sexual exploitation, exploitation, long-term exploitation, abduction, inducement and personal transport, etc.), penalty costs (victim Nonindicted 1 and Nonindicted 2), serious reflectives, two or more joint crimes, etc., if only the crime of kidnapping, inducement, inducement, and personal trafficking (including concealment, international transfer, recruitment, transport, and delivery),

-Inflictings: Violence Crime Group, General Injury, Type 1 (Inflicting in General), No. 200, 400, 500,000

- Crimes of Meritorious: Meritorious crime group, general conflict, type 1 (less than 30 million won), penalty not being imposed, or serious damage has been recovered, serious reflectivity, etc.

- Crimes of causing property damage: Cases prosecuted before July 1, 2015, for which the sentencing criteria are not set.

- Crimes of violation of the Punishment of Violences, etc. Act (joint assault): Violence crime group, assault crime, type 1 (general assault), crime not being punished, or serious damage has been recovered, serious reflector, or more than 2 persons have jointly committed a crime.

B. Defendant 2

The above Defendant, while taking part in the whole area of the crime of kidnapping and arranging sexual traffic committed with Co-Defendant 1 and Defendant 4, enjoyed economic benefits therefrom. Furthermore, the above Defendant, while performing the role of practically monitoring female juveniles, etc., prevented them from communicating with one another by threatening them to flee, and committed assault if they were to do so, is an element of sentencing unfavorable to the above Defendant.

However, it is also recognized that the above defendant recognized each of the crimes of this case and seriously reflects the above defendant, and that the above defendant is the first offender who has no record of criminal punishment.

In full view of all the circumstances revealed in the arguments, including the above sentencing factors and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the statutory punishment (limited to imprisonment for a limited term of not less than seven years), the recommended sentencing range under the sentencing guidelines, the age, character and conduct, intelligence and environment of the defendant, the criminal records, the motive and circumstance leading to the crime in this case, the means and consequence of the crime, and the circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable.

Therefore, the above defendant's assertion is justified.

【Main Grounds for Determination of Sentencing】

- Many Crimes

-Offense of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.): sexual traffic crime group, sexual traffic crime subject to the age of 19, brokerage, etc. of sex trafficking for children and juveniles, Type 3 (Provision of a place of buying sex for business, brokerage, provision of information through information and communications networks, etc.), serious reflectivity, criminal punishment, etc.

-the crime of kidnapping sexual traffic: the crime of kidnapping, inducement, personal trafficking, abduction, inducement, personal trafficking (including concealment, overseas transfer, solicitation, transportation, and delivery) only; the type 3 (the crime of abduction of labor force, sexual exploitation, sexual exploitation, long-term exploitation, abduction, abduction, inducement, personal trafficking, etc. for the purpose of overseas transfer), serious reflection, criminal punishment, two or more joint crimes, etc.

- A crime of violation of the Punishment of Violences, etc. Act (joint assault): A crime of violence, a crime of violence, a first-class (general assault), a serious reflector, a criminal punishment of two or more persons, and a crime of violence jointly.

-Assaults: Violence Crime Group, Violence Crime, Type 1 (General Violence), serious reflector, no record of criminal punishment, etc.

C. Defendant 4

In addition to the crime of kidnapping and arranging sexual traffic committed with Co-Defendant 1 and Defendant 2, the crime committed by Non-Party 9 and Non-Party 10 alone is also very heavy. The above Defendant has been punished by imprisonment for three times prior to the instant case, and there was a history of punishment as a fine, and there was a history of punishment as a fine, even during the period of repeated crime, and the fact that the Defendant was committed in each of the instant crimes, which is disadvantageous to the above Defendant.

However, the above defendant's recognition of each of the crimes of this case, the victim of sexual traffic, Nonindicted 10, and Nonindicted 6 do not want to be punished against the defendant, and the above victim does not want to be punished against the defendant under agreement with Nonindicted 2 of the same victim, and the crime of arranging sexual traffic against Nonindicted 1, 11, and 6 is also recognized as favorable factors for sentencing, such as the fact that the above victim did not want to be punished against the defendant, and that he was late involved in the crime of arranging sexual traffic against

The punishment of the court below, among the above factors of sentencing and the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, is too unreasonable in light of the following circumstances: statutory punishment (limited to imprisonment for a more than seven years), the scope of recommended punishment, the age, character and conduct, intelligence and environment of the defendant, the criminal records, the motive and circumstances leading to each of the crimes of this case, the means and consequence of the crimes, and the circumstances after the crimes, etc.

Therefore, this part of the above defendant's assertion is justified.

【Main Grounds for Determination of Sentencing】

-Offense of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.): sexual traffic crime group, sexual traffic crime subject to the age of 19, brokerage, etc. of sex trafficking for children and juveniles, Type 3 (Provision, etc. of a place of buying sex for business or providing information on good offices in information and communications networks), serious reflectivity, repeated crimes, etc.

-the crime of kidnapping sexual traffic: The crime of kidnapping, inducement and personal trafficking, abduction, inducement and personal trafficking (including concealment, overseas transfer, solicitation, transportation, and delivery) shall be classified into Category 3 (Labor Force Exploitation, sexual trafficking, sexual exploitation, long-term exploitation, abduction, inducement and personal trafficking, etc. for the purpose of transport out of the country), penalty costs, serious reflects, two or more joint crimes, and repeated crimes, etc. not falling under specific violent crimes (Cumulative crimes)

D. Defendant 3

Determination on the assertion of unfair sentencing by both parties shall be made ex officio.

With respect to the judgment of the court below of first instance, the prosecutor appealed against all the judgment of the court below against the above defendant and each of the above judgments shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act as set out below. Thus, the judgment of the court below against the above defendant cannot be maintained as it is.

3. Conclusion

Therefore, the part of the judgment of the court below against Defendant 3 among the judgment below is reversed ex officio, and the remaining Defendants’ grounds for appeal are with merit. Thus, without examining both parties’ assertion of unfair sentencing against Defendant 3, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

The summary of the facts charged against the Defendants recognized by this court and the summary of the evidence is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

1. Article applicable to criminal facts;

A. Defendant 1: Articles 28(2) and 30(1)2 of the Criminal Act; Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act (including the occupation of arranging sexual traffic for children and juveniles to engage in business); Article 350(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 366 of the Criminal Act; Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (the occupation of joint assault)

B. Defendant 2: Articles 288(2) and 30(1)2 of the Criminal Act; Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act (including the occupation of arranging sexual traffic for children and juveniles as a profession); Article 260(1) of each Criminal Act; Article 2(2) and 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (a) of the Criminal Act (a point of joint assault)

C. Defendant 3: Articles 288(2) and 30(2) of the Criminal Act; Article 257(1) of the Criminal Act; Article 14(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of inducing and soliciting sexual traffic)

(d) Defendant 4: Articles 288(2) and 30(a) of the Criminal Act, Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act (the Act on the Protection of Children and Juveniles against Sexual Abuse as well as the Act on the Protection of Children and Juveniles against Sexual Abuse)

1. Commercial competition;

Defendant 1: Articles 40 and 50 (Punishments on Punishment of Bodily Bodily Bodily Bodily Bodily Bodily Injury Crimes and Property Damage Crimes against Non-Indicted 8) of the Criminal Act

1. Selection of punishment;

Each choice of imprisonment for Defendant 1 and Defendant 3’s crimes of injury, each of the crimes of assault by Defendant 1, each of the crimes of assault by Defendant 2, each of the crimes of assault by Defendant 1 and Defendant 2, each of the crimes of violation of the Punishment of Violences, etc. Act (joint assault) by Defendant 1 and Defendant 2, and each of the crimes of violation of the Act on the Protection of Children and Juveniles

1. Aggravation for repeated crimes;

Defendant 4: Article 35 of the Criminal Act (Provided, That the proviso to Article 42 of the Criminal Act shall apply to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc.)

1. Aggravation for concurrent crimes;

(a) Defendant 1 and Defendant 2: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, the largest punishment for which is applicable];

(b) Defendant 3: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act.

(c) Defendant 4: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, the proviso of Article 42 of the Criminal Act [a person who commits concurrent crimes within the scope of the proviso of Article 42 of the Criminal Act concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., with the largest punishment]

1. Discretionary mitigation;

Defendant 1, Defendant 2, and Defendant 4: Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances in the preceding two paragraphs)

1. Suspension of execution;

Defendant 3: Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Order to complete programs;

Defendants: the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Confiscation;

A. Defendant 1: Article 48(1)1 of the Criminal Act

B. Defendant 2: Article 48(1)2 of the Criminal Act

1. Dismissal of an application for compensation order;

Article 25(3)3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (the scope of liability for damages is not clear)

Where a conviction becomes final and conclusive with respect to each of the crimes listed in paragraphs (1)-B and (3) of Article 2014 and the crimes listed in the judgment of the court below in the judgment of the court below, the Defendants are subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, they are obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

1. The Act on the Protection of Children and Juveniles against Sexual Abuse has various regulations to absolutely prohibit “the act of purchasing the sex of a child or youth”. The subjective elements of a person who entices and solicits the other party to the “act of purchasing the sex of a child or youth” are also precedents that maintained the judgment of fact-finding court that interpreted the “juvenile” and “the other party to the act of purchasing the sex” as “the other party to the act of purchasing the sex,” and the Defendants recognized the modified facts charged, and there are corroborating evidence for this, so there is proof of the facts charged (the Supreme Court, which is the highest legal basis, can interpret the law, and the appeal against the interpretation of the law, the appeal against the interpretation of the law, the basic materials necessary for the interpretation of the law,

Even if certain Defendants were to be a juvenile act at the time of the commission of the act, since they were more juveniles than the Defendants, it is difficult to reflect only the circumstances that some Defendants were juveniles at the time of the commission of the act in sentencing.

In addition to the purport of the Act on the Protection of Juveniles from Juveniles that “the purchase of sex of children and juveniles” and various acts derived therefrom should be absolutely prohibited, the sentencing factors submitted in the instant case shall be reflected in the determination of the sentence against the Defendants.

2. Defendants 1, 2, and 4

As above, paragraph 2 of this Article shall apply.

3. Defendant 3

It is recognized that the above defendant, while inducing and soliciting sexual traffic to runaways, was involved in the crime of kidnapping, Co-Defendant 1, etc., and kidnapped the runaways, and the above defendant, without any particular reason, inflicted bodily injury upon the victim of sexual traffic on the way without any specific reason, and the crime of kidnapping sexual traffic was committed after the lapse of time from the judgment of the court below of the second instance.

However, all of the crimes of this case are recognized by the above defendant, and in particular, it is also recognized that the above defendant does not want punishment against the defendant by mutual consent with the victim non-indicted 2 and the victim non-indicted 12 who injured the victim of sexual traffic during the trial, and that the above defendant has no record of criminal punishment in addition to juvenile protection cases.

The sentencing factors as above, Defendant’s age, character and conduct, intelligence and environment, health condition, criminal records, motive and background leading up to each of the instant crimes, the means and consequence of the instant crimes, the circumstances revealed in pleadings, such as the circumstances after the instant crimes, and the statutory punishment for the crime of kidnapping sexual traffic, the most severe punishment among the instant crimes (i.e., imprisonment with labor for not less than two years but not more than 15 years), sentencing guidelines, etc., shall be

【Main Grounds for Determination of Sentencing】

- Many Crimes

-the crime of kidnapping sexual traffic: the crime of kidnapping, inducement, personal trafficking, abduction, inducement, personal trafficking (including concealment, overseas transfer, solicitation, transportation, and delivery) only; the type 3 (the act of exploitation of labor force, sexual exploitation, sexual exploitation, long-term exploitation, abduction, inducement, personal trafficking, etc. for the purpose of transport out of the country); the amount of punishment, serious reflects; two or more joint crimes, etc.

-Inflictings: Violence Crime Group, General Injury, Type 1 (Inflicting in General), No. 200, 400, 500,000

- Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse: sexual traffic crime group, sexual traffic crime subject to the age of 19, mediation of sex trafficking for children and juveniles, etc., type 1 (invitation and solicitation to become the counterpart of sex purchase), serious reflectivity, etc.

It is so decided as per Disposition for the above reasons.

Judges Yoon Jin-gu (Presiding Judge)