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(영문) 부산고등법원 2017.07.20 2017노290
아동ㆍ청소년의성보호에관한법률위반(강요행위등)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

The defendants are 80 hours per 80 hours.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (three years and six months, etc. of imprisonment) is too unreasonable.

2. The judgment of the court below, the court below, and the court of the first instance [the defendants committed the crime of this case in which the defendants had committed the crime of this case] various circumstances unfavorable to the defendants, i.e., that the defendants solicited not only the victims (the victims who have not yet been 13 years old and female children) who had the ability to judge, to engage in commercial sex acts more than 10 times for about 4 months, and received some of the proceeds (the proceeds of commercial sex acts). The crime of this case is very serious in the nature of the crime in light of the details, means, methods, and methods of the crime, the period and frequency of the crime, and the amount of the proceeds received from the victims, and there is a concern that the defendants committed the crime of this case might adversely affect the conclusion of sound sexual identity and values of the victims of this case, and the defendants recommended not only the victims but also other women to engage in commercial sex acts using smartphones, etc.] and various favorable investigation agencies (the defendants led to the confession of all of the crimes of this case to the parties.

In full view of all the sentencing conditions shown in the court below and the trial proceedings at the court below, including the statement that the crime of this case was committed against the victim's will, that the victim did not appear to have been punished against the defendants, that the victim did not want punishment against the defendants, and that the defendants did not have criminal punishment, etc.), the punishment imposed by the court below to the defendants is somewhat unreasonable, and thus, the defendants' assertion is reasonable.

3. In conclusion, the Defendants’ appeal is reasonable, and thus, the Defendants’ appeal is against the Defendants pursuant to Article 364(6) of the Criminal Procedure Act.

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