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(영문) 인천지방법원 2017.09.27 2017노2743
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one and half years of imprisonment with prison labor, a short term of one year and six months, and a short term of one year) is too unreasonable.

2. Determination

A. The Defendant recognized all of the instant crimes when determining the unfair argument of sentencing.

The defendant, while living together with D, seems to have arranged or solicited sexual traffic in order to easily solve this problem, and the frequency of sexual traffic arranged was limited to twice.

The defendant made efforts to recover damage by depositing the full amount of damage for the victim of fraud in the court below, and there is still a possibility of improvement through proper edification as a juvenile of 18 years of age.

The defendant has grow up without proper interest and protection in the family of loss, such as the divorce of the father or mother of the defendant, and the environment of such growth seems to have been the cause of the crime of this case, and the father of the defendant wanting to take the lead of the defendant.

Such circumstances can be considered as positive sentencing factors for the defendant.

However, each of the crimes of this case committed by the defendant living together with D, who is a female juvenile under the age of 17, who was released by the defendant, and arrange or encourage D to engage in sexual traffic through the Internet hosting room, and by accessing the victim M with his personal background, such as doing so as to do so as to f.10,000 won in total from the above damage, by abusing it, and by taking advantage of it, by taking advantage of it to the victim M, and by receiving the victim's insulting message through Kakao Stockholm, the crime is heavy in light of the motive, circumstance, content, and method of the crime as above, and the period of the crime.

Although victims including D, etc., have suffered considerable mental suffering due to each of the crimes in this case, the defendant is up to the trial.

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