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(영문) 대구고등법원 2015.05.28 2014노736
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

1. The part of the lower judgment against Defendant A, B, D, and E shall be reversed.

2. Defendant A shall be punished by imprisonment with prison labor for up to three years and six months, and Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 merely assisted the act of arranging sexual traffic. The meaning of “mediation of buying sex of a juvenile” under Article 15 of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to all acts of arranging or arranging sexual traffic between a sexual purchaser and his/her counterpart in relation to sexual traffic, and the meaning of “an act of arranging sexual traffic” refers to a case in which a certain amount of consideration, such as brokerage commission, is given or promised to give or receive a certain amount of consideration, such as brokerage commission, etc. as the pretext of such intermediary acts. Although the Defendant: (a) provided that “an act of guiding a female employee management and customer by telephone,” the Defendant did not receive money or other valuables in return for a separate act; (b) it cannot be deemed as an “act of arranging sexual traffic” under Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Defendant B and C cannot be punished as an aiding and abetting act of assisting sexual traffic. (b) The Defendant did not act as a business.

The place of sexual traffic in this case entered into a lease agreement with Defendant B’s funds, and the final profits of the price of sexual traffic were divided by the above Defendants who are partners. Thus, even if the Defendant committed an act of providing phone calls from female employees and customers in order to assist the act of arranging sexual traffic in a de facto marital relationship with Defendant B, the Defendant does not constitute “a person who acts of arranging sexual traffic, etc. as his/her business” under Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse and “a person who acts of arranging sexual traffic, etc. in a business” under Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

B. Defendant B (1) mistake of facts, etc.).

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