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(영문) 광주고등법원 2013.09.12 2013노303
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts or misunderstanding of legal principles is merely a delivery service under employment of C and D, which is the actual owner of the instant multilateral bank, and there is no fact that the Defendant participated in the operation of the instant multilateral bank or managed income, and there is no fact that I et al. arrange sexual traffic with the instant multilateral bank.

Therefore, even though the defendant is not a joint principal offender with C, etc., the court below erred by misapprehending the fact that the court below found the defendant guilty of the facts charged in this case or by misapprehending the legal principles of the joint principal offender.

B. The lower court’s sentence of unreasonable sentencing (work for a period of three years and six months of imprisonment, and a period of 80 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. (1) In order to establish a joint principal offender under Article 30 of the Criminal Act, it is necessary to implement a crime through functional control based on the joint intention as a subjective element. Here, the intent of joint processing is not sufficient to recognize another person’s crime and to allow it without restraint, and it should be the same as a whole to commit a specific criminal act with a joint intent, and it should be intended to move one’s own intent to implement it by using another person’s act.

On the other hand, the essence of the co-principal is a functional control by division of roles, so the co-principal is distinguishable from both parties in that the co-principal has no functional control by the co-principal (see, e.g., Supreme Court Decision 2012Do12732, Jan. 10, 2013). (2) In light of the foregoing legal principles, health class in light of the foregoing, and the following circumstances recognized by the evidence duly adopted and investigated by the court below, the defendant is sexual traffic, such as C, etc.

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