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(영문) 서울고등법원 2018.05.03 2017노3245
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant alleged misunderstanding of facts or misunderstanding of legal principles mediated the purchase of sex by juveniles, he/she did not engage in a business.

When arranging only several occasions, the Defendant anticipated that he would be able to punish G sufficient money, arrange and receive only the oil value, and did not receive any money except that.

However, the court below erred by misunderstanding the facts charged that the defendant mediated the act of buying sex as a business or by misunderstanding the legal principles on "business", which affected the conclusion of the judgment.

B. The sentence of the lower court’s wrongful assertion of sentencing (the imprisonment of four years, and the completion of 40 hours of education to prevent sexual traffic) is too unreasonable, and the amount of the sentence is determined unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. In August 2016, the Defendant first got off G with a view to the morale of a juvenile G (the age of 12 at that time) that was discovered through a mobile phone-type app F, which was parked in the Defendant’s underground parking lot of Young-gu D Apartment-gu, Suwon-si, Suwon-si, Suwon-si, 2016.

After having engaged in several times of selling sex of G, the Defendant introduced to G about April 2017 a man who intends to buy sex of a juvenile, and received 4/10 of the sexual traffic price received from males as a job placement fee.

On May 13, 2017, the Defendant promised to engage in sexual traffic at H underground parking lots in Young-gu, Young-gu, Suwon-si, by using mobile phone hosting app F, with the name-free male and 200,000 won, and then sent G to a passenger car with the name-free male in that parking lot.

In addition, G requires G to engage in sexual intercourse with that male and receive KRW 80,000 from G to May 30, 2017, including from that time, G to that time, to engage in sexual intercourse with that male and from that time by May 30, 2017 in the same manner, and introduction from G.

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