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(영문) 부산지방법원 2014.02.07 2013노3194
청소년보호법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is not a media product harmful to juveniles under the Juvenile Protection Act, and thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts, and even if not, the punishment of the court below (1.5 million won) is too unreasonable.

2. In the trial for ex officio determination, the prosecutor applied for changes in the name of the crime to "Violation of the Punishment of Arrangement of Commercial Sex Acts, etc.", the applicable provisions of the Acts to "Article 20 (1) 3 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.", and the facts charged as follows: "The defendant expressed on the wall surface of "Eel" located in Busan Dong-gu, Busan, about April 29, 2013, the sexual organ of both men and women who suggest the arrangement of commercial sex, and advertised to attract sexual traffic by attaching 6 copies of the advertising complex where the picture and telephone number are written," and the judgment of the court below is different from the judgment of the court below.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is delivered as follows.

Punishment of the crime

On April 29, 2013, at around 22:10, the Defendant advertised to induce purchase of sex by attaching 6 copies of an advertising street complex containing a picture and telephone number on the wall surface of “Emour” located in the Dong-gu Busan Metropolitan City, stating the sex of both men and women who suggest sexual traffic at the entrance of “Emour” in accordance with the wall of “Dmour” located in the Dong-gu, Busan.

Summary of Evidence

The summary of the evidence presented by this court is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the selection of fines.

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