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(영문) 서울고등법원 2013.11.28 2013노3095
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment of the court below is reversed.

Defendant

B Imprisonment for five years, each of the defendants C and A shall be punished by imprisonment for three years and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ grounds of appeal 1) Defendant B’s sentence (two years of imprisonment, confiscation, and 40 hours of order to complete education) is too unreasonable. (2) Defendant A’s mistake of facts or misapprehension of the legal principles, or Defendant A’s misunderstanding of facts from September 2012 to December 2012, 2012, in the first instance floor of H H in Jung-gu Seoul, which is operated by Defendant B (hereinafter “Inonocom”).

(2) Although Defendant A introduced customers by telephone and received a small amount of money from Defendant B, it was not a type of business that conducts similar acts as stated in the judgment of the court below at that time, it was not a type of business that had been conducted in order to borrow money from the early January 2013 to the early March 2013, the court below held that the crime of aiding and abetting the Child and Juveniles from the violation of the Act on the Protection of Sexual Abuse (Good Practices, etc.) and the Punishment of Arrangement of Commercial Sex Acts, Etc. (Good Practices, etc.) was established by determining that the crime of aiding and abetting the customers by introducing them to the instant singing, while he was aware of the facts charged by Defendant B, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment. (B) The sentence of unfair sentencing (two years of imprisonment and forty hours of completion of order) is too unreasonable.

B. Grounds for appeal by the prosecutor 1) As to Defendant B, the sentence of the court below is too unfilled and unfair.2) In full view of the evidence duly admitted and examined by the court below with respect to Defendant C and A, Defendant C may recognize the fact that Defendant C served as an employee in the instant singing room from the end of November 2012 to March 11, 2013, and Defendant A served as an employee from the end of September 2012 to March 11, 2013. In light of the type of business of the instant singing room, the role of the said employee was indispensable to carry out the instant singing room business, and thus, Defendant C and A committed a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Trade, etc.) and a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Trade, etc.).

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