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(영문) 부산고등법원 (창원) 2017.12.13 2017노269
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (Defendant B and C: 10 months of imprisonment, 2 years of probation, 40 hours of probation, 40 hours of attendance order, etc., Defendant A: imprisonment with labor for 6 months of probation, 2 years of probation, and 40 hours of attendance order) is too uneased.

2. Prior to the judgment on the grounds for appeal as to Defendant A’s ex officio, prior to the judgment on the grounds for appeal as to the part on Defendant A, the prosecutor examined the facts charged against Defendant A, and the prosecutor applied for the modification of the indictment with the content of the change as stated in the relevant part of the facts charged, among the following [the reasons for the judgment again made against Defendant A]. Since the subject of the judgment was changed by this court’s permission, the part on Defendant A among the judgment of the court below is no longer maintained.

2. As to the grounds for appeal against Defendant B and C, each of the instant crimes committed by the Defendants B and C is the circumstances unfavorable to the said Defendants, such as: (a) the Defendants conspired to attract men who wish to engage in sexual traffic over three times through a mobile phone-leashing method; and (b) the nature of the crime and the method of committing the crime was considerably poor; and (c) the fact that the female juveniles, who were under the age that the sexual values were not properly established due to each of the instant crimes, suffered considerable difficulties in forming a sound sexual morality and would have caused sexual humiliation.

On the other hand, the above defendants recognized each of the crimes of this case and against their mistake, and the above defendants did not use a coercive means in the process of mediating sexual traffic, and the fact that the above defendants did not have any power to criminal punishment, etc. are favorable to the above defendants.

In addition, the above circumstances and arguments, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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