2015 Highis481, 2016 Highis30 (Joints)

(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.);

(b) Violation of the Punishment of Acts of Arranging Sexual Traffic Act;

1.(a)(b) p.i. (i.m. (in 92 years old, south) and free of duty;

Residential Suwon City

[Reference domicile-si]

2.(a) land B(2)(in 92 years, south), free of duty.

Residential Suwon City

Olsan City on the original domicile

3.(a) and (3)(3)(in 92, South and North Korea).

Residential Suwon City

Special Metropolitan City, Gyeongcheon-gu, Gyeongcheon-do

4.(a) Kim D.D. (92 years old, South) and vehicle dogs.

Residential Suwon City

Park Jong-dae, Kim Pung (prosecutions)(s)(s)(s)(s)(s)(s)(s)(s)(s)(1

Attorney Kim Jong-il (Defendant D&, ② for land B)

Law Firm Il-ho, Attorneys Kim Tae-tae (Presiding Justice No.3, Justice No.44)

March 3, 2016

Defendant Company ①, Company ②, and Company ②, respectively, shall be punished by imprisonment with prison labor for up to two years and six months, Defendant Section ③, and No.44, by imprisonment with prison labor for up to three years and six months.

To order the Defendants to complete the sexual assault treatment program for 80 hours each time.

Defendant Company ①’s KRW 610,00, KRW 800 from Defendant Company ②, KRW 3,125,00 from Defendant Company ②, and KRW 3,125,00 from Defendant Company ③ and the No.D., respectively.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Criminal Schina 2015 High 481

1. Defendant A. B., C., B.

A. The Defendants’ co-principal

The Defendants: (a) on December 2, 2014, the Defendant: (b) leased the Defendant Company ①, who was in the Sinsi-si-si Sinsi-si Sinsi-si-si of Suchina-si (Yeman, 18 years old); (c) on the ground that the Defendant was in the Sinsi-si-si Sinsi-si, = Liven-si-si (17 years old); (d) concurrently recruited male customers who wish to engage in sexual traffic by advertising male customers on the “Axe-si,” and “Stockholm,” and (e) recruited male customers who wish to engage in sexual traffic, and (e) allowed them to engage in sexual traffic to go in the above primary room, which is the place in which the Defendant promised to engage in sexual traffic with male customers, and (e) received sexual traffic from male customers by having them receive approximately five times more than one hundred to one hundred five times each time as above, and then, (e) received the consideration from male customers, as seen above.

As a result, the Defendants conspired to arrange the act of buying sex of juveniles.

B. Defendant Company ①

The Defendant, among April 2015, recruited male customers who wish to engage in sexual traffic at this △△△△△△△ (Y, 15 years of age), Lee O (n, 15 years of age) = Liven 806, and recruited male customers who wish to engage in sexual traffic at Switzerland, such as Switzerland, Stockholm, and Stockholm, and let the said △△△△△△△△△, etc. go in the front room, which is the place in which male customers promised to engage in sexual traffic, and let the said △△△△△, etc. go in sexual traffic by having the said △△△△△△△, etc. go to the front room, which is the place in which the said △△△△△, etc. is promised with the male customers, and received sexual traffic from the male customers twice every person, and received the said △△△△△, etc. from them.

Accordingly, the defendant assisted the act of buying sex of juveniles.

C. Defendant B B

On April 2015, the Defendant: (a) recruited a male guest who wishes to engage in sexual traffic by advertising a male guest on the instant ○○○○○ (n, 18 years old); (b) recruited a male guest who wishes to engage in sexual traffic in the instant room, which is the place in which he promised with the male guest; and (c) allowed this male guest to engage in sexual traffic by having the said ○○○○ to go in the said room, which is the place in which he promised with the male guest; (d) by having this ○○○ to go in the said room, which is a place in which he promised with the male guest; and (e) by having the said male guest engage in sexual traffic by receiving 10 to 150,000 won per time from the male customer five to six times as above, and then received from him a female guest and received from him.

Accordingly, the defendant assisted the act of buying sex of juveniles.

2. No. 3, No. 544

From the beginning of April 2015 to the fourth of May 2015, the Defendants: (a) provided that the head of the Gu introduced by literatureA from the police officer from the first of the early of the early of the beginning of the 2015 to the lower of the Hash on May 2015, the Defendants were able to stay in the studio of literature A, which is located in the area of Suwon Singu, or in the rotonation located in the area of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Sinwon-si, Sinwon-si, Sinwon-si, Sinwon-si, and (b) provided that a male customer who wishes to engage in sexual intercourse with the male guest who wish to engage in sexual intercourse, and (c) provided the above ○○, etc. with a passenger guest who had been invited to engage in sexual intercourse, and (d) provided the above 1st of the women to the above 1st of the women and her wife by receiving the price for sexual intercourse.

As a result, the Defendants conspired with literatureA to arrange the act of buying sex from juveniles.

[2016Gohap30- Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) 1] Defendant recruited male guests who wish to engage in sexual traffic by advertising their male customers at the place of earlymanman's flood, etc. in early March 2015, 2015, and arranged sexual traffic by having the Defendant engage in sexual traffic with the above ○○ (19 years old) by having the above ○○, who expressed their intention to purchase sexual traffic, by having the Defendant engage in sexual traffic with the above ○○, and having the female engage in sexual traffic with the above 10 to 150,000 won, which the female received from the above male.

Judgment No. 3, No. 3 and No. 5 of the Defense Counsel

1. The above Defendants and their defense counsel indicted the above Defendants for 'business purposes' to arrange sexual traffic against them, but they merely indicted them as arranging sexual traffic with regard to Defendant 1, 1, 2, and 2, constitutes a discriminatory indictment, and thus, abuse of public prosecution power.

I asserts that it is called.

In a case where a prosecutor voluntarily deviates from discretionary authority by exercising his/her discretionary authority to bring a substantial disadvantage to a defendant, the prosecution may be denied as an abuse of the authority to institute a public prosecution. However, to be recognized as arbitrary exercise of the authority to institute a public prosecution, it is not sufficient merely by negligence in the course of performing his/her duties, and at least dolusent or certain intent should be recognized (see Supreme Court Decision 2007Do9737, Feb. 14, 2008, etc.). Meanwhile, the prosecutor has discretion to decide whether to institute a public prosecution in consideration of the suspect’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., in a case where the public prosecutor meets the requirements for establishing a public prosecution, so long as it is deemed that the institution of public prosecution following the exercise of discretionary authority as above has considerably deviates from the authority to institute a public prosecution, it cannot be said that the public prosecution constitutes abuse of the authority to institute a public prosecution.

The prosecutor initially brought a prosecution for the violation of Article 15(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse to the effect that all of the Defendants of this case arranged sexual traffic for business purposes, but during the trial, the indictment was modified by applying Article 15(2) of the same Act to the purport that only Defendant 1, 2, and 3 were aware of sexual traffic by juveniles. However, in light of the above legal principles, such circumstance alone is sufficient to bring a prosecution for the violation of Article 15(1) of the same Act against Defendant 3 and 4, 3, 3, 3, 3, and 4, 5 of the same Act against the No.D.

2. Defendant No. 3, No. 5, No. 5, and No. 1, the defense counsel asserts that the above head of ○○ and No. 1, 2000 juveniles arranged sexual traffic.

In light of the aforementioned circumstances, Kim○-○ appears to have engaged in sexual traffic with the above Defendants, i.e., ① present in this court as a witness and present his identification card in the name of "O○○○" on the road to the effect that the above Defendants were not aware of the fact that they were juveniles. However, the above Defendants stated that they introduced them to the effect that "I would have introduced them to the above Defendants," not "I would like to introduce them to the above Defendants," and it is difficult to say that the Defendants were not the juveniles, and ② Kim○-○ was engaged in sexual traffic with the above Defendants' vehicle. While this court stated that "O○○○○○" was "O○○○○ in the name of the above Defendants, I would like to be hard to accept the above Defendants' statements to the effect that the above Defendants were "O○○○○" witness's name was "O○○○ Kim-○" and "O○○" in the name of the above witnesses, it was hard to admit that the above Defendants' testimony was "O○○○" and the above witnesses's name was the above.

3. The above Defendants and defense counsel asserted that sexual traffic brokerage is not a business.

A business that engages in certain acts refers to the continuous repetition of the same act, regardless of whether the relevant act is simply equipped with human or physical facilities necessary therefor, the determination shall be made in accordance with social norms by comprehensively taking into account various circumstances, such as the continuity of the relevant act, the existence of business, and the purpose, size, frequency, period, mode, etc. of the act, regardless of whether the act is equipped with the necessary human or physical facilities, and the act of arranging the act is limited to one time if the act is performed with the intention of repeated continuation (see, e.g., Supreme Court Decisions 2011Do1985, Mar. 29, 2012; 2003Do935, Jun. 13, 2003).

In full view of each of the following circumstances, which can be acknowledged by comprehensively taking into account the following circumstances: ① the above Defendants, upon introducing ○○○○○○○○○○○○ Kim by means of introduction, were to pay KRW 5 to 100,000 for each day of arranging sexual traffic in return for the introduction; ② the above Defendants offered to ○○○○○○○○○○○○○○○○○○○○○ by means of an offer of a commercial sex act; ② approximately 20 days per month; ③ the above Defendants arranged commercial sex acts three times per day from April 2015 to April 2015; ③ the above Defendants arranged commercial sex acts three times every day except for those days to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○; ② the above Defendants continued to arrange commercial sex acts by means of an offer of a commercial sex act; ⑤ the number of times of an offer of a commercial sex act to ○○○○○○○.

Therefore, the above Defendants and the defense counsel cannot be accepted.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant ①: Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act (the point of arranging sexual traffic for juveniles); Article 19(1)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the point of arranging sexual traffic against ○○)

(b) Defendant B B: Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act (the point of arranging sexual traffic for juveniles)

C. No. 3, No. 544: Defendant A, No. 15(1)2, Article 30 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act (a broker for commercial sex trafficking for juveniles)

1. Selection of punishment;

Defendant h. ①, each crime of land B: Imprisonment; Selection of each crime

1. Aggravation for concurrent crimes;

(a) Defendant (i) : the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act / [the punishment shall be imposed and the punishment shall be aggravated for concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) against the △△△△△△△, the most severe punishment)

(b) Defendant B B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [the aggravated punishment of concurrent crimes with punishment as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage business, etc.) against ○○ with the largest amount of offense];

1. Discretionary mitigation;

[No.3] and No.D.: Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing are considered as favorable to the above Defendants)

1. Additional collection:

Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

Where a conviction of a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized with respect to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage business, etc.), the Defendants are obligated to submit personal information to the competent authority in accordance with Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. The scope of punishment;

(a) Defendant A ①, B: Imprisonment for one month to ten years;

B. No. 3, No. 5: Imprisonment with prison labor for 3 years to 15 years.

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) against △△△△△;

[Determination of Type] 1: sexual traffic crime group, sexual traffic crime under the age of 19, brokerage of sex trafficking for children and juveniles, etc. (invitation, coercion, coercion, offer of place where sex purchase is conducted, offer of brokerage information at an information and communications network, etc.)

[Special Esponsor] Advertising activities or good offices using high radio waves

[Scope of Recommendation] Concurrent Crimes between one year and three years (aggravating area) : A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a bona fide Business, etc.) against this case and this case’s △△△ and this case’s each.

[Determination of Type] 1, such as sexual traffic crime group, sex trafficking crime under the age of 19, brokerage of sex trafficking for children and juveniles, etc. (inciting and soliciting to become the counterpart of sex purchase, coercioning to induce to purchase sex for business purposes, providing place of purchase of sex, arranging, providing brokerage information in an information and communications network, etc.)

[Special Esponsor] Advertising activities or good offices using high radio waves

[Scope of Recommendation] The scope of final sentence according to the standards for handling multiple crimes from 1 year to 3 years (aggravating area) : Imprisonment for a year to 5 years (in three years which are the upper limit of the scope of punishment for basic crimes, 1/2 of the upper limit of the scope of punishment for each concurrent crime in 3 years which are the upper limit of the scope of punishment)

(b) Basic crimes and concurrent crimes against Defendant B B(1) : Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) against ○○ by force;

[Determination of Type] 1: sexual traffic crime group, sexual traffic crime under the age of 19, brokerage of sex trafficking for children and juveniles, etc. (invitation, coercion, coercion, offer of place where sex purchase is conducted, offer of brokerage information at an information and communications network, etc.)

[Special Esponsor] Advertising activities or good offices using high radio waves

[Scope of Recommendation] The scope of final sentence according to the standards for handling multiple crimes from 1 year to 3 years (aggravating area) : Imprisonment for a year to 5 years (in three years which are the upper limit of the scope of punishment for basic crimes, 1/2 of the upper limit of the scope of punishment for each concurrent crime in 3 years which are the upper limit of the scope of punishment)

C. Du3, Kim No.44

[Determination of Types] 3, such as sexual traffic crime group, sexual traffic crime under the age of 19, mediation of sex trafficking for children and juveniles, etc. (Provision of places where sex purchase is conducted for business purposes, and provision of brokerage information in information and communications networks, etc.)

[Special Esponsor] Advertising activities or good offices using high radio waves

[Scope of Recommendation] Six years from 10 years to 10 years (aggravating area)

3. Determination of sentence;

A. The Defendants’ crime of this case committed against the Defendants is very bad in the quality of the crime by arranging sexual traffic or arranging sexual traffic for business purposes by using the sexual values as a means of economic profit-making means for female juveniles whose sexual values are not established properly. The crime of this case seems to have been exposed not only to female juveniles physically and mentally, but also to physical risks, such as infection with all kinds of diseases. In particular, the Defendants are highly likely to have illegality and criticism in that they are continuously engaged in sexual traffic by arranging sexual traffic using smartphone display in order to avoid the crackdown and to avoid the crackdown.

(b) Sentencing 1 for each defendant's sentencing reference reasons for the sentencing of the defendant, sium ①, B: Imprisonment with prison labor for two years and six months.

As seen earlier, the Defendants’ crime of this case is very bad. In addition, considering the following facts: (a) Defendant Company ① is five female juveniles arranging sexual traffic; (b) the frequency of arranging sexual traffic is up to 15 times; (c) Defendant land ② is three female juveniles arranging sexual traffic; (d) the frequency of arranging sexual traffic is up to 15 times; and (e) the frequency of arranging sexual traffic is up to 15 times; and (e) the Defendants’ female juveniles arranging sexual traffic are pregnant and abortion through sexual traffic.

However, the defendants confession the crime of this case and reflect the crime of this case, the defendant's strict ① does not have the same criminal record or other punishment as the crime of this case, the defendant's land ② there is no criminal record of punishment, and this ○○ does not want the punishment of the defendants, and this △△△△△△△△△△ does not want the punishment of the defendants, and the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime of this case, etc. are considered comprehensively and comprehensively, the punishment of this case is determined as ordered.

2) No. 3, No. 545, No. 540: Imprisonment for each three years and six months.

As seen earlier, the Defendants’ instant crime is very bad to commit the instant crime. Moreover, considering the fact that the Defendants arranged two female juveniles to engage in sexual traffic for about two months, the number of mediations is considerably high, the Defendants’ profits derived from arranging sexual traffic as above are not considerable, the Defendants appears to have arranged sexual traffic regardless of the intention of ○○○○, and the Defendants are consistently acting in the vindication for the instant crime, the Defendants should be punished strictly.

However, the Defendants have no record of having been sentenced to the same criminal records or other punishment as the instant crime, and Kim○ does not want to punish the Defendants, and the Defendants’ age, environment, character and conduct, motive and means of the instant crime, and circumstances of sentencing are determined as ordered by comprehensively taking into account all the factors of sentencing, including the following factors.

It is so decided as per Disposition for the above reasons.

Judges Yang Sung-soo

Judges Hong-man

Judges Park Jong-won