Defendant 1 and three others

Doctrine, Nactrine, Doctrine and Doctrine (public trial)

Attorney Gangwon-gu et al.

Defendant 1 is punished by imprisonment for six years, by imprisonment for five years, by imprisonment for three years, by imprisonment for two years, and by imprisonment for four years, respectively.

Defendant 1, Defendant 2, and Defendant 4 ordered each of them to complete a sexual assault treatment program for 80 hours.

The cash seized (in daily fee) KRW 410,00 (in No. 1) shall be confiscated from Defendant 2 and one accelerator (in No. 2), from Defendant 1, respectively.

【Criminal Power】

On October 12, 2010, Defendant 4 was released on October 28, 201 after having been sentenced to 8 months of imprisonment with prison labor for special larceny, etc. and 300,000 won, and the remaining term of imprisonment has expired on January 10, 2012. On July 25, 2012, Defendant 4 was sentenced to one year and six months of imprisonment with prison labor for special larceny from the Changwon District Court Msan Branch, and completed the execution of the said punishment on July 15, 2013.

【Criminal Facts】

“2014 Gohap266: Defendants 1, 2, 3, and 4

가출 청소년들은 스마트폰 어플리케이션인 즐톡을 이용, 성매매를 하여 생활비를 마련하는데 성매수남이 돈을 주지 않거나 폭력을 행사하더라도 가출 또는 성매매 사실이 발각될 것이 두려워 신고를 제대로 하지 못하는 등 법의 보호를 받지 못하고 있다.

Accordingly, even if a strong male group wants to divide the price for sexual traffic on the condition that he/she would arrange and resolve the sexual traffic by means of intimidation, words, etc. after deceiving the runaways of the runaways by pretending sexual traffic, it is widely known that the runaways would not report or refuse sexual traffic, and in such a way, if the runaways would become the hosts of the runaways, he/she can easily impose a large amount of money, and this situation is widely known.

1. Defendants 1 and 2

가. 피고인들은 피고인 2의 남자친구인 공소외 13과 함께 가출 청소년을 잡아와 포주를 하여 돈을 벌기로 마음먹고, 승용차를 빌려 타고 즐톡을 통해 성매매를 하려는 가출 청소년들을 찾아다니다가 2014. 8. 3. 00:00경 피해자 공소외 1(여, 14세)을 발견하고, 피해자를 잡아오기로 의기투합하였다.

Accordingly, Defendant 2, who pretended to be a man who wants sexual traffic, promised to walk the victim's horse before the ○○○○ Child Care Center located in the Kimhae-si, Kim Jong-si, and then Defendant 2 and Defendant 1, as if Nonindicted 13, a driver, was married, started the vehicle immediately after the victim was aware of and was placed on the her front and rear seat.

In addition, the Defendants and Nonindicted 13 suggested that “the victim frightened with frighten and conditions ? ............” The Defendants and Nonindicted 13 permitted the victim, who did not have any other place and who did not have any other person to ask for assistance, to use the frighten name by dividing the frighten on the condition that the Defendants are protected.

Accordingly, the Defendants conspired with Nonindicted 13 to capture the victim for the purpose of sexual traffic.

B. The Defendants offered money to Nonindicted 1 (Inn, 14), Nonindicted 11 (Inn, 14 years old), Nonindicted 6 (Inn, 15 years old), etc., a runaway juvenile, and conspired with Nonindicted 13, Defendant 4 (Inn, 2014) by having them engage in sexual traffic.

피고인들은 2014. 6. 중순경부터 2014. 10. 14.경까지 창원시 명서동 내지 창원시 봉곡동에 있는 공소외 13의 주거지 등지에서 공소외 1, 공소외 11, 공소외 6(이하 ‘공소외 1 외 2인’이라고 한다)과 함께 생활하면서, 핸드폰 ‘즐톡’ 어플에 ‘만날 분, 1시간에 15만 원’이라는 글을 올리고, 남자 손님들을 모집한 후 피고인 1 및 피고인 4, 공소외 13은 공소외 1 외 2인을 성매매 장소까지 승용차에 태워 데려다 주고 성매매가 끝나면 다시 데리고 오는 것과 남자 손님들이 속칭 ‘진상남’일 경우 이를 해결해주는 역할을 맡고, 피고인 2는 평소 공소외 1 외 2인이 도망가지 못하게 감시하는 역할을 맡아 공소외 1 외 2인으로 하여금 창원시, 김해시 등지에서 불특정 다수의 남자들과 성매매를 하여 1회당 15만 원을 받도록 하고 공소외 1 외 2인이 받은 성매매의 대가를 피고인들 및 피고인 4, 공소외 13이 교부받았다.

Accordingly, the Defendants conspired with Nonindicted 13 and Defendant 4 as a business to arrange the purchase of sex by children and juveniles as above.

2. Defendants 1, 2, and 4

피고인 4 역시 같은 방법으로 돈을 벌기로 마음먹고, 범행 대상을 물색하던 중 같은 해 10. 6. 밤 창원시 의창구 명서동에서 피해자 공소외 10(여, 18세)이 있는 것을 발견하고, 피해자를 잡아오기로 결심하였다. 그런데, 혼자 나가면 피해자가 겁을 덜 먹어 쉽게 승낙하지 않을 것이 우려되자, 피고인 1에게 전화를 걸어 “명서동에 여자가 떴다. 내가 잡을건데, 뒤에 같이 좀 있어 달라.”고 부탁하였고, 이에 피고인 1, 피고인 2 및 공소외 13은 거들어주기로 하였다.

피고인 4는 성매매를 할 듯이 가장하여 같은 동에 있는 △△내과의원 앞에서 피해자를 만난 다음 팔에 있는 문신을 과시하며 누구와 일하는지를 추궁하였고, 그 직후 달려온 피고인 1, 피고인 2 및 공소외 13은 피해자를 둘러싼 후 피고인 2는 피해자에게 “분위기 파악 안 되냐? 싸가지 없다. 거짓말하면 경찰서에 넘길 수도 있다.”고 윽박지르며 피해자의 뺨을 수회 때렸고, 피고인 1은 피해자의 가방을 빼앗아 뒤져 신분증 등을 확인하였다.

The defect is that the victim, who is extremely hot and hot, will work with the defendant 4 in the order of the head of the Do, and the defendant 4 went to the telecom under his own management by burning the victim into his own vehicle.

Accordingly, the Defendants conspired with Nonindicted 13 to capture the victim for the purpose of sexual traffic.

3. Defendant 4

The Defendant conspiredd with Defendant 1, Defendant 2, and Nonindicted 13 by engaging in sexual traffic to Nonindicted 1, Nonindicted 2, etc., who are runaway juveniles, and committing money.

피고인 및 피고인 1, 피고인 2, 공소외 13은 2014. 9. 중순경부터 2014. 10. 14.경까지 창원시 봉곡동에 있는 공소외 13의 주거지 등지에서 공소외 1 외 2인과 함께 생활하면서, 핸드폰 ‘즐톡’ 어플에 ‘만날 분, 1시간에 15만 원’이라는 글을 올리고, 남자 손님들을 모집한 후 피고인 및 피고인 1, 공소외 13은 공소외 1 외 2인을 성매매 장소까지 승용차에 태워 데려다 주고 성매매가 끝나면 다시 데리고 오는 것과 남자 손님들이 속칭 ‘진상남’일 경우 이를 해결해주는 역할을 맡고, 피고인 2는 평소 공소외 1 외 2인이 도망가지 못하게 감시하는 역할을 맡아 공소외 1 외 2인으로 하여금 창원시, 김해시 등지에서 불특정 다수의 남자들과 성매매를 하여 1회당 15만 원을 받도록 하고 공소외 1 외 2인이 받은 성매매의 대가를 피고인 및 피고인 1, 피고인 2, 공소외 13이 교부받았다.

위와 같이 피고인은 피고인 1, 피고인 2, 공소외 13과 공모하여 성매매를 알선하는 외에 피고인 단독으로 2014. 10. 초순경부터 2014. 10. 16.까지 공소외 9(여, 18세), 공소외 10(여, 18세)에 대해 ‘즐톡’ 어플을 통해 창원시, 김해시 일대에서 성매수남을 물색하여 이들로 하여금 1회 13만 원씩을 받고 성매매를 하도록 하는 등 아동·청소년의 성을 사는 행위를 알선하는 행위를 업으로 하였다.

4. Defendants 1, 2, 3, and 4

피고인 1, 피고인 2는 위 공소외 1로 돈을 제법 벌게 되자, 가출 청소년들을 더 확보하여 더욱 많은 돈을 벌기로 마음먹고, 제1의 가항과 같은 방법으로 가출 청소년을 물색하던 중 같은 해 10. 15.경 저녁 무렵 즐톡에서 피해자 공소외 2(여, 17세)를 발견하자 피해자를 잡아오기로 의기투합하고, 성매수남을 가장, 피해자와 채팅을 하여 같은 날 22:00경 김해시 진영읍에서 만나기로 하였다.

However, the same time as the promise is late, and Defendant 1 asked Defendant 3 to “It is late to get out of the truth, so that it does not have anywhere anywhere.”

피고인 3은 이를 승낙, 마치 조건남인 것처럼 가장하여 피해자를 만난 후 이상한 분위기를 감지하고 도망치려는 피해자를 붙잡아 뒤이어 나타난 피고인 1의 차량 뒷좌석에 피해자를 밀어 넣고 동승한 다음 피해자의 휴대폰을 빼앗고 차량에 있던 검정색 테이프를 감아놓은 셀카봉을 손에 쥔 채 누구와 사는지를 캐물었고, 운전 중이던 피고인 1은 이에 가담하여 “씹할 년아! 말 똑바로 해라.”고 윽박질렀다.

In order to verify the authenticity of the victim's answer that Defendant 1, Defendant 2, and Defendant 3 together with a female-friendly Gu, the victim gave guidance to the victim's house to check whether the victim works with the male, and confirmed that there is no male who manages the victim, Defendant 1, Defendant 2, and Defendant 3 moved to the △ Park in Chang-si, Changwon-si.

At this time, Defendant 4 also dumped together with Defendant 3, which divided Defendant 3’s talk, etc., and had the victim do so so.

피고인 2는 피해자에게 “경찰에 넘겨질지, 우리와 함께 일할지를 선택하라”고 윽박지르고, 무엇을 하면 되냐고 묻는 피해자에게 “하루에 3번씩 하면 된다.”고 말하였다.

In addition, Defendant 1, Defendant 2, and Defendant 3 have been leading the victim to the house located in the sude of the window of Changwon-si in the said Nonindicted Party 1 and the said Nonindicted Party 1.

However, the police officers who traced the location of the victim's cell phone by the kidnapping report of a female-friendly room living together with the victim confirmed that they called the victim's cell phone to be a wing-dong, and the defendant 1 requested the defendant 4 to assist by walking a telephone around 05:00 on the 16th day of the same month.

Accordingly, Defendant 4 confirmed that police officers are aboard the vehicle, seeing the nearby the vehicle, and informed Defendant 1 of this fact, and led the victim to the movement of the Masan-gu, Changwon-si.

Defendant 1, using another vehicle, received the victim from Defendant 4, who was in accordance with the Obag-dong, Changwon-si, Changwon-si, Mbag-dong, and returned the reported victim to the victim's house.

Accordingly, the Defendants conspired to capture the victim for the purpose of sexual traffic.

5. Defendant 3

On September 27, 27, 01:00 of the same year, the Defendant: (a) considered the victim Nonindicted 12 (years 17) and his behavior to be in the vicinity of the funeral home located in Jin-gu, Jin-si, Jin-si, Kim Jong-si, and considered, “Is what is??????????????????????????????????????????????????????????????????????????????????????????????????’s face

"2014 Gohap320: Defendant 1

피고인은 동네 후배들이 자신에 대하여 ‘큰 사고를 쳐 고등학교 1학년 때 자퇴하고 소년원을 여러 번 다녀온 선배로, 달라는 돈을 주지 않으면 폭행을 당한다’고 알고 있음을 기화로 피해자들에게 마치 돈을 주지 않으면 때릴 듯이 윽박질러 돈을 갈취하기로 마음먹었다.

On June 4, 2014, at around 17:00, the Defendant took the attitude that Nonindicted 3 (year 15) (the victim Nonindicted 3 (year 15) was frighting to “ much money, money, or money,” referring to the victim Nonindicted 3 (year 15) prior to the Dong-dong branch of the Seoul Special Self-Governing City Do Seoul Special Metropolitan City, which was located in the window ( Address omitted).

As above, the Defendant, as well as 5,000 won, i.e., 5,00 won from the victim who frightened the victim and was frightened from frighten. From June 10, 2014 to 3:30 on June 13, 2014, 65,000 won in total from the victims over four times, as indicated in the annexed crime list.

" 2015 Gohap10: Defendant 1

On September 30, 2014, at around 23:45, the Defendant parked a vehicle with Nonindicted 13 on the front side of the chip Hospital, which was located in the window of Changwon-si, and left behind the vehicle by the victim Nonindicted 7 (the age of 32) driving an IM3 car. Around September 30, 2014, Nonindicted 8 (M, the age of 31) and Nonindicted 31 (S, the victim, who was the victim of Nonindicted 13’s minor contact with the vehicle, was aware of the dispute, and it was turned out as it was.

이에, 피고인은 뒤쫓아 가 위 에스엠3 승용차를 세우게 한 후 피해자에게 이를 따지다가 사고사실을 깨닫지 못하던 피해자가 사과하지 않고 오히려 항의하는 것에 격분하고, “눈을 어디 부라리냐? 좆만한 새끼야!”라고 고함을 지르며 손으로 피해자의 멱살을 힘껏 잡아 밀치고 팔뚝으로 피해자의 가슴팍을 때린 후 발로 피해자의 차량 운전석쪽 문을 걷어차 그 옆에 있던 피해자인 위 공소외 8의 입부분이 운전석문에 부딪치게 하였다.

As a result, the Defendant: (a) caused the victim Nonindicted 7 to the victim Nonindicted 7 to suffer from a crypitis that requires approximately three weeks of medical treatment; (b) caused the victim Nonindicted 8 to compensate for the cryptopy in bad faith, which requires approximately two weeks of medical treatment; and (c) damaged the above driver’s seat to require the repair cost of KRW 563,01.

“2015 Gohap68: Defendant 1, Defendant 2, and Defendant 4

1. The Defendants’ co-principal

피고인들은 ‘즐톡’이라는 어플을 이용하여 성매매를 하고 있는 가출한 여자 청소년을 상대로 성매매 상대 남성인 것처럼 가장하여 만난 뒤 그 여자 청소년을 잡아와 성매매를 시켜 돈을 벌기로 공소외 13과 공모하였다.

피고인들은 2014. 9. 중순경 공소외 13과 함께 승용차 2대에 나누어 타고 구미로 이동하여 공소외 13은 ‘즐톡’ 어플을 이용하여 성매매 상대 남성을 찾고 있는 피해자 공소외 6(여, 15세)을 발견하고 피해자에게 성매매 상대 남성인 것처럼 가장하면서 구미시 소재 ‘◁◁◁◁ 모텔’ 앞에서 만나기로 약속하였다.

그 후 피고인들은 공소외 13과 함께 위 ‘◁◁◁◁ 모텔’ 앞으로 이동하고, 그곳에서 공소외 13이 피해자에게 성매매를 할 것처럼 접근하여 위 승용차에 타도록 한 후 피해자에게 “너 몇 살이냐. 똑바로 말 안 하면 때린다. 뒤를 봐 주는 남자가 있느냐”고 협박하여 이에 겁을 먹은 피해자가 “▷▷▷ 모텔에 남자들이 있다”고 하자 인근에 있는 ‘▷▷▷ 모텔’로 이동하여 피고인 2가 피해자를 지키고 있는 사이 피고인 1, 피고인 4, 공소외 13이 위 ‘▷▷▷ 모텔’로 들어가 당시까지 피해자를 관리하면서 성매매를 시키고 있던 공소외 14 등에게 “너희들 미성년자 데리고 일한 거 신고해 버릴거다”라고 협박하여 피해자에 대한 지배를 단념케 한 후 피해자를 창원시 봉곡동에 있는 공소외 13의 집으로 데리고 온 후 피고인들 및 공소외 13은 피해자가 도망가지 못하게 감시하였다.

Accordingly, the Defendants conspired with Nonindicted 13 to capture the victim for the purpose of sexual traffic.

2. Defendant 2’s assault;

On September 2014, at the road where the window guidance of the window of Changwon-si was located, the Defendant toldd the victim Nonindicted 6 and the victim Nonindicted 11 (the age 14), who was a female juvenile of sexual traffic, who had been engaged in sexual traffic with the Defendant at the time, to talk with each other by sending a door to his mobile phone, etc. on the ground that he left this door, and then was pushed down with the victim Nonindicted 6’s breath, who was in the same day. On the same day, when the victim Nonindicted 6 and the victim Nonindicted 11 were able to do so at the house of Nonindicted 13 in the Changwon-si, Changwon-si, the Defendant assaulted the victims when he could do so.

3. Violation of the Punishment of Violences, etc. Act (joint assault) by Defendant 2 and Defendant 1;

On October 2014, the Defendants jointly called that the above victim Nonindicted 6 and Nonindicted 11 were sent a cell phone page from the parking lot of the building in the Seocho-si, Changwon-si, Changwon-si, the Defendants did not communicate with each other, such as sending the victim Nonindicted 6 and Nonindicted 11 a cell phone page. On the ground that this was left, Defendant 1 assaulted the victims when the victim Nonindicted 6 was able to take the face of the victim Nonindicted 6 by hand and walking the bridge and the buckbuck part, and Defendant 2 assaulted the victims when the victim’s face and buck.

[2014Gohap266, 2015Gohap68]

1. Defendants’ respective legal statements

1. Each police protocol on the victim Nonindicted 2, Nonindicted 1, Nonindicted 10, Nonindicted 6, Nonindicted 12, and Nonindicted 11 and Nonindicted 9

1. Investigation report (Attachment of photographs of a complainant), investigation report (Submission, etc. of a medical certificate of injury);

1. Each existing cash (right of KRW 410,00) confiscated and one accelerator (No. 1), each of which is 410,000 won (right of KRW 2);

[2014Gohap320]

1. Defendant 1’s legal statement

1. The written statement by the police against the victim Nonindicted 5, Nonindicted 3, and Nonindicted 4

【2014Gohap10】

1. Defendant 1’s legal statement

1. The written statement of the victim Nonindicted 7 and Nonindicted 8 by the police station

1. Photographs of damaged vehicle and written estimate for inspection and maintenance of the vehicle;

1. A written diagnosis of injury (Nonindicted 7, Nonindicted 8)

【Prior Records at the Time of Sales】

1. A statement of criminal records, etc. against Defendant 4;

1. Investigative report (in case of Defendant 4’s search results), investigation report (in case of accompanying documents to a suspect, such as a ruling of like military power on the suspect), and the number and confinement status of individuals against Defendant 4;

1. Article applicable to criminal facts;

A. Defendant 1: Articles 28(2) and 30(1)2 of the Criminal Act; Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act (including the occupation of arranging sexual traffic for children and juveniles for business purposes); Article 350(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 366 of the Criminal Act; Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (joint assault)

B. Defendant 2: Articles 288(2) and 30(1)2 of the Criminal Act; Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 30 of the Criminal Act (including the occupation of arranging sexual traffic for children and juveniles for business purposes); Article 260(1) of each Criminal Act; Article 2(2) and 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (a) of the Criminal Act (a point of joint assault)

(c) Defendant 3: Articles 288(2), 30 (the point of kidnapping sexual traffic) and 257(1) of the Criminal Act (the point of injury) of the Criminal Act

(d) Defendant 4: Articles 288(2) and 30(a) of the Criminal Act, Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act (including the occupation of arranging the sexual traffic for children and juveniles to be engaged in business, and inclusive)

1. Commercial competition;

Defendant 1: Articles 40 and 50 of the Criminal Act (the crimes of bodily injury and damage to property against Nonindicted 8, and the punishment prescribed for the crimes of bodily injury against Nonindicted 8 with heavy punishment)

1. Selection of punishment;

Each sentence of imprisonment shall be imposed on Defendant 1 and Defendant 3, each of the crimes of intimidation against Defendant 1, each of the crimes of assault against Defendant 2, each of the crimes of assault against Defendant 1 and Defendant 2, and each of the crimes of violation of the Punishment of Violences, etc. Act (joint assault) against Defendant 1 and Defendant 2.

1. Aggravation for repeated crimes;

Defendant 4: Article 35 of the Criminal Act (Provided, That the proviso to Article 42 of the Criminal Act shall apply to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc.)

1. Aggravation for concurrent crimes;

(a) Defendant 1 and Defendant 2: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, the largest punishment for which is applicable];

(b) Defendant 3: the former part of Article 37, Articles 38 (1) 2, and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of abduction with heavy punishment)

(c) Defendant 4: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, and the proviso of Article 42 of the Criminal Act [Aggravation of concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., of the largest punishment]

1. Discretionary mitigation;

Defendant 1 and Defendant 2: Articles 53 and 55(1)3 (C) of the Criminal Act (The following favorable circumstances among the reasons for sentencing)

1. Order to complete programs;

Defendant 1, Defendant 2, and Defendant 4: The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Confiscation;

A. Defendant 1: Article 48(1)1 of the Criminal Act

B. Defendant 2: Article 48(1)2 of the Criminal Act

1. Summary of the assertion

Defendant 2 is merely arranging sexual traffic in order to raise money to pay for a sudden shortage of living expenses, etc., and Defendant 2 cannot be said to have engaged in the act of arranging sexual traffic as provided by Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

2. Determination

A. The act of arranging the purchase of sex by a child or youth as a business is conducted with repetition and continuity. Whether it constitutes such act ought to be determined in accordance with social norms by comprehensively taking into account various circumstances, such as whether the act was repeated and continued, whether the act was conducted, whether the act was conducted, whether the act was conducted, and the purpose and scale, time and manner of the act, and the attitude (see, e.g., Supreme Court Decision 2012Do4390, Jul. 12, 2012).

B. According to the evidence duly adopted and examined by this court, the following circumstances are recognized.

① Defendant 1, Defendant 2, Defendant 4, and Nonindicted 13 (hereinafter “Defendant 2, etc.”) suggested that Nonindicted 1 and Nonindicted 6 should be captured for the purpose of sexual traffic; Nonindicted 11 should be engaged in sexual traffic and attempted to engage in sexual traffic; and that they should be engaged in sexual traffic.

② Non-Indicted 1 and 2 resided in a lodging room prepared by Defendant 2, etc., and the above Defendants were engaged in sexual traffic, such as writing on mobile phone hosting display, and Defendant 1, Defendant 4, and Nonindicted 13 were to put Nonindicted 1 and two other persons into a car at the place of sexual traffic, and when sexual traffic is completed, they came back again and come back again, and when sexual traffic is called the “maid south” of male customers, and Defendant 2 took charge of monitoring that Non-Indicted 1 and two persons could not escape.

③ From Jun. 2014 to Oct. 14, 2014, Defendant 2, etc. assisted Nonindicted 1 and two other persons to engage in sexual traffic (Defendant 4 from Sept. 2, 2014) on an average of 3-4 occasions per day, and six or more occasions per day.

④ Both Nonindicted 1 and 2 possessed money received in return for sexual traffic (one time of KRW 1.50,00) to Defendant 2, etc. A part of the money was used for Defendant 2, etc. and Nonindicted 1 and two others’ living expenses, and the remainder was consumed by Defendant 2, etc.

C. In full view of the motive and background behind Nonindicted 1 and two persons engaged in the sexual traffic, the method of arranging the sexual traffic in this case, the roles and attitudes of Defendant 2, etc. in the course of the sexual traffic, the form of management of the price for the sexual traffic, and the period and frequency of the act of arranging the sexual traffic, it is sufficient to recognize that Defendant 2, etc., etc. have solicited and arranged the sexual traffic with continuous and repeated intent for the purpose of profit-making, and

Where a conviction becomes final and conclusive with respect to each crime described in Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Defendant 1, Defendant 2, and Defendant 4 are subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, they are obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

1. The scope of punishment by law;

A. Defendant 1 and Defendant 2: Imprisonment with prison labor for 3 years and 6 months from June to June 22 years;

B. Defendant 3: Imprisonment for 2 years to 22 years;

(c) Defendant 4: Imprisonment for 7 years to 50 years;

2. Application of the sentencing criteria;

A. Defendant 1

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

[Determination of Type] sexual traffic crime group, sexual traffic crime under the age of 19, mediation of sex trafficking for children and juveniles, etc., type 3 (Provision of place for buying sex for business or provision of brokerage information in information and communications network, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for 4 years to 8 years

2) The crime of kidnapping the victim Nonindicted 10 and Nonindicted 6

[Determination of Punishment] In the event of abduction, inducement, personal trafficking crime group, abduction, inducement, personal trafficking (including concealment, overseas transfer, recruitment, transportation, and delivery) only, Type 3 (the exploitation of labor force, sexual trafficking, sexual exploitation, long-term exploitation, abduction, inducement, personal trafficking, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from June to June 3th.

3) Recommendation type based on the standards for handling multiple crimes: Imprisonment with prison labor for 4 years and 6 months to 10 years (=8 years + 3 years and 6 months + 1/2 + 3 years and 6 months + 1/3)

B. Defendant 2

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

[Determination of Type] sexual traffic crime group, sexual traffic crime under the age of 19, mediation of sex trafficking for children and juveniles, etc., type 3 (Provision of place for buying sex for business or provision of brokerage information in information and communications network, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for 4 years to 8 years

2) Kidnapping of sexual traffic

[Determination of Punishment] In the event of abduction, inducement, personal trafficking crime group, abduction, inducement, personal trafficking (including concealment, overseas transfer, recruitment, transportation, and delivery) only, Type 3 (the exploitation of labor force, sexual trafficking, sexual exploitation, long-term exploitation, abduction, inducement, personal trafficking, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from June to June 3th.

3) Recommendation type based on the standards for handling multiple crimes: Imprisonment with prison labor for 4 years and 6 months to 10 years (=8 years + 3 years and 6 months + 1/2 + 3 years and 6 months + 1/3)

C. Defendant 3

1) Kidnapping of sexual traffic

[Determination of Punishment] In the event of abduction, inducement, personal trafficking crime group, abduction, inducement, personal trafficking (including concealment, overseas transfer, recruitment, transportation, and delivery) only, Type 3 (the exploitation of labor force, sexual trafficking, sexual exploitation, long-term exploitation, abduction, inducement, personal trafficking, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from June to June 3th.

(ii)an injury;

[Determination of Type] Violence Crime Group, General Injury, Type 1 (General Injury)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from April to June 1.

3) Recommendation type based on the standards for handling multiple crimes: Imprisonment with prison labor for one year and six months from June to April, and three years (=three years and six months + one year and six months + 1/2). However, it cannot be punished under the lower limit of two years, which is the lower limit of the applicable sentences, under the law. Therefore, a two-year imprisonment becomes the lower limit.

D. Defendant 4

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

[Determination of Type] sexual traffic crime group, sexual traffic crime under the age of 19, mediation of sex trafficking for children and juveniles, etc., type 3 (Provision of place for buying sex for business or provision of brokerage information in information and communications network, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment for 4 years to 8 years

2) The crime of abduction of sexual traffic against the victim Nonindicted 2

[Determination of Punishment] In the event of abduction, inducement, personal trafficking crime group, abduction, inducement, personal trafficking (including concealment, overseas transfer, recruitment, transportation, and delivery) only, Type 3 (the exploitation of labor force, sexual trafficking, sexual exploitation, long-term exploitation, abduction, inducement, personal trafficking, etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from June to June 3th.

3) Crimes of abduction of sexual traffic against the victim non-indicted 10

[Determination of Punishment] In the event of abduction, inducement, personal trafficking crime group, abduction, inducement, personal trafficking (including concealment, overseas transfer, recruitment, transportation, and delivery) only, Type 3 (the exploitation of labor force, sexual trafficking, sexual exploitation, long-term exploitation, abduction, inducement, personal trafficking, etc.)

[Special Aggravationd Persons] Reductions: Reductions of Punishment, Aggravations: None.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment with prison labor from one year to two years and six months

4) Recommendation type based on the standards for handling multiple crimes: Imprisonment with prison labor for 4 years and 6 months to 10 years and 7 months (i.e., 8 years + 3 years and 6 months + 1/2 + 2 years and 6 months + 1/3). However, since punishment cannot be imposed lower than 7 years, which is the lower limit of the applicable punishment under the law, it set the lower limit of 7 years.

3. Determination of sentence;

(a) Defendants 1 (six years of imprisonment), 2 (five years of imprisonment), and 4 (seven years of imprisonment);

【General Conditions for Sentencing】

The Defendants were sexually sexually sexually or sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexual. They appear to have committed the instant sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually female.

However, the Defendants’ crime of kidnapping and arranging sexual traffic in this case is a serious crime that interferes with their growth and social harm by harming the future juveniles of our society. All juveniles who were the object of the crime of kidnapping and arranging sexual traffic in this case were forced to leave out and leave money due to conditions due to difficulties in their economic circumstances. The Defendants, who are well aware of such circumstances, instead of using their wife with the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 2nd of the 3rd of the 2nd of the 3rd of the 2nd of the 2nd of the 3th of the 2nd of the 3th of the 3th of the 3th of the Defendants.

【Individual Sentencing Conditions】

The above general sentencing conditions and individual sentencing conditions as follows, and the defendants’ age, character and conduct, environment, circumstances after the crime, and various circumstances revealed in the trial process of this case, shall be determined in consideration of the defendants’ age, character and conduct, circumstances after the crime.

○ Defendant 1

The Defendant appears to have played a leading role in the crime of kidnapping and arranging sexual traffic of this case, and in addition, the Defendant committed an offense of taking money with his own negligence, inflicting bodily injury upon others, and destroying property. The victims of the crime of inflicting bodily injury and the crime of causing property damage were not recovered, and the victims were punished against the Defendant. Such circumstances are disadvantageous to the Defendant.

However, Nonindicted 3, Nonindicted 4, and Nonindicted 5, the victim of the crime of abduction of sexual traffic, who is the victim of the crime of abduction, are not subject to punishment against the Defendant. Nonindicted 6, the victim of the crime of violation of the Punishment of Violences, etc. Act, is not subject to punishment against the Defendant, but also 1). The Defendant has no record of having been punished beyond a fine, in addition to the juvenile protection case. These points are favorable to the Defendant.

○ Defendant 2

In the crime of kidnapping and arranging sexual traffic of this case, the Defendant was responsible for the practical surveillance of female juveniles, such as himself/herself, and where juveniles are likely to escape and are unlikely to contact with each other, and such juveniles are unlikely to do so, the Defendant committed assault. The Defendant’s participation in the crime is heavy and the Defendant’s liability is very serious. Such circumstances are the circumstances unfavorable to the Defendant.

However, the Defendant appears to have participated in the crime of kidnapping and arranging sexual traffic of this case under the influence of male-child arrest, Nonindicted 13, etc., and the Defendant considered the first offender who has no criminal record, as favorable to the Defendant.

○ Defendant 4

The Defendant, other than Nonindicted 1 and two others, was engaged in the brokerage of sexual traffic with Nonindicted 9 and Nonindicted 10, and is very heavy for the Defendant to commit the crime of taking the sex of the juvenile. The Defendant continues to commit the crime repeatedly without going against the period of repeated offense, and the compliance consciousness seems to have been extremely rare. The Defendant appears to have been punished by imprisonment three times with prison labor and has the record of being punished by a fine. These points are the circumstances unfavorable to the Defendant.

However, the Defendant took part in the crime of arranging sexual traffic against Nonindicted 1 and two others later than the other Defendants. In addition, Nonindicted 10 and Nonindicted 6, the victim of sexual traffic abduction, are not punished by the Defendant, and Nonindicted 2). These points are favorable to the Defendant.

(b) Defendant 3 (two years of imprisonment);

Although the Defendant did not participate in the crime of arranging sexual traffic, it is difficult to view that the degree of participation in the crime of kidnapping against the victim non-indicted 2, such as taking charge of the first frightening of the victim in the crime of kidnapping sexual traffic. In particular, the Defendant committed the crime of kidnapping sexual traffic by committing the crime of kidnapping against the victim non-indicted 2, on September 23, 2014, since he was sentenced to a suspended sentence of two years on September 23, 2014 at the Changwon District Court, the Defendant was sentenced to a suspended sentence of two years on September 23, 2014. As such, the Defendant committed the crime of inducing and soliciting sexual traffic by the child or juvenile, and was not in violation of the suspended sentence, and was therefore subject to a strict punishment against the Defendant again breading the child or juvenile for the purpose of sexual traffic. Furthermore, the Defendant did not have any serious injury to the victim of the crime of injuring, and did not recover the damage.

However, the Defendant is against the Defendant’s confession of the instant crime. The Defendant appears to have participated in the crime of kidnapping sexual traffic relatively contingent upon Defendant 1’s request. This is the circumstances favorable to the Defendant.

The punishment against the defendant shall be determined in consideration of the various circumstances shown in the trial process of this case, such as the age, character and conduct, the environment, the background of the crime, and the circumstances after the crime.

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

[Attachment Form 5]

Judges Governing the misuse of judges (Presiding Judge) et al.

1) Although Nonindicted 11, who had been engaged in sexual traffic in the crime of arranging the instant commercial sex acts, expressed his intention not to punish the Defendant, the crime of arranging the said commercial sex acts cannot be deemed to be an offense committed by the victim, and Nonindicted 11’s intention not to punish the said commercial sex acts also cannot be deemed to be a significant sentencing condition

2) As seen in each State 1, Nonindicted 9, who was engaged in sexual traffic in the instant sexual traffic crime, expressed his intention not to punish the Defendant, but Nonindicted 9’s intention not to punish him is also deemed to be a significant sentencing condition for the Defendant.