2015Gohap87, 112 (Joints)

(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

B. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

(c) Violation of the Road Traffic Act;

1. A.

2. A. B

3. (a) C.

4. A. (b) (c) D

Kim Jong-Un (Court of Prosecution) and Nara (Court of Public Trial)

Attorney E (the defendant A and the defendant A and B)

Attorney F (for the defendant C)

Attorney E (for defendant D)

November 30, 2015

Defendant A and B shall be punished by imprisonment for a short term of three years and two years and six months, by imprisonment for a term of three years and six months, by imprisonment for a term of three years and six months, and by a fine of three years and six months and a fine of thirty million won.

When Defendant D does not pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

1,50,000 won from Defendant A, 2,250,000 won from Defendant B, 2,90,000 won from Defendant C, and 70,000 won from Defendant D shall be collected respectively.

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

Criminal facts

[2015Gohap87]

1. Joint criminal conduct by Defendant A and B;

Defendant A, B, a female juvenile who is engaged in sexual traffic, offered money under the name of “where a dispute arises with male and female juveniles, protection shall be given to them,” after arranging them to receive sexual purchasing and receiving the price for sexual traffic recruited by using a smartphone-making display room, and then having them receive money from them.”

Accordingly, from the early April 2015 to the early April 2015, Defendant A and B recruited gender number of men by using the ‘Mphone fishing fluencing'J' in the studio located in the Istm of Seocho-si, and had the said women to have sexual intercourse with men and receive KRW 150,000 won per time in the K-si, and received KRW 50,000,000,000 from the total method of delivery of KRW 50,000 as the cost of protection, and as the cost of protection, it received KRW 1,50,000 as the cost of protection.

As a result, Defendant A and B conspiredd with others for business purposes to arrange to buy sex for unspecified men.

2. Defendant A

Defendant A, in April 2015, decided to organize the partnership with Defendant B and independently operate the same business with Defendant B, and, from around that time to around April 2015, Defendant A arranged to purchase gender 15 times through 15 times in the same manner as that described in paragraph (1) from the studio of L I located in racing-si to the end of April 2015, and received KRW 750,000 from G as the protection expense.

As a result, Defendant A, for business purposes, assisted unspecified men to purchase sex of juveniles.

3. Defendant B

Defendant B, on April 2015, 2015, decided to organize the partnership with Defendant A and independently operate the business with Defendant A. From around that time to around April 2015, Defendant B used the racing boat, etc. as an office, and received KRW 1,50,000,00 from H as a protection expense, in the same manner as described in paragraph (1) by using the racing boat, etc. as an office.

As a result, Defendant B, for business purposes, assisted unspecified men to purchase sexual intercourses.

4. Defendant C.

Defendant C: (a) knew on May 2015, 2015 that Defendant C arranged sexual traffic of Defendant AI G while working together with G; and (b) through around 30 times from around that time to May 2015, Defendant C arranged sexual traffic to purchase gender, and received KRW 1.8 million from G, as a protection expense, in the same manner as described in paragraph (5).

As a result, Defendant C mediated the act of buying sex from unspecified men for business purposes.

5. Joint criminal conduct by Defendant C and D

Defendant C, as described in paragraph (4) from the early May 2015, was engaged in a brokerage business independently. On May 2015, Defendant C conspiredd to receive money from G under the pretext of “the protection of a dispute between men and women, if a dispute arises with respect to sexual purchasing by using a smartphone-making type application,” which is 50,000 won per day on May 2015, 2015.

Accordingly, from May 2015 to May 2015, Defendant C and D: (a) recruited gender-purchasing men by using smartphone display "M" or "N" as if they were women; (b) had G enter into sexual intercourse with men and receive KRW 1,50,000 for each time of sexual intercourse at 0 times located in the port of port and near P; and (c) received KRW 60,000,000 from the method of receiving KRW 30,000 for the protection expenses, whichever is 1,80,000,000 as the protection expenses.

As a result, Defendant C and D conspired with businesses to arrange for unspecified men to purchase sex of juveniles.

[2015Gohap112]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Defendant D

Defendant D, at around 20:20 on August 13, 2015, had the front side of the post office of Yellow-dong, Yellow-si, those of the central market run from the front side of the racing without obtaining a motorcycle driver's license.

In such cases, although a person engaged in driving service has a duty of care to prevent accidents in advance by looking at whether there is a pedestrian or both the front and left side and whether there was a pedestrian, the defendant neglected to do so, and the defendant also conflict with the front side of the victim R (L, 62 years old) who walked to the right side from the left side of the direction of the course of the defendant's course.

After all, Defendant D suffered injury, such as a cage cage cage cage cages, which requires approximately seven weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act by Defendant D.

Defendant D operated approximately 1 km from the area near Sungdong-dong dong-dong apartment at the time of the racing to the front of the same Sindong-dong dong-dong racing post office without obtaining the above driver's license for the above temporary light racing.

Summary of Evidence

[2015Gohap87]

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police suspect interrogation protocol of S or T;

1. Each police statement of G and H;

1. A report on internal investigation (a output of the content of conversation between M pages);

[2015Gohap112]

1. Defendant D’s legal statement

1. AR statement;

1. The actual condition survey report;

1. The ledger of driver's licenses, the ledger of licenses, and the political disposition of driver's licenses;

1. A medical certificate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A, B, and C: Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 of the Criminal Act (a)

(b) Defendant D: 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 arrangement of child and juvenile sex trafficking for business purposes), Article 3(1), the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (the occupation of a person injured by occupational negligence, the choice of a person sentenced to imprisonment without prison labor)

1. Statutory mitigation;

Defendant A and B: Articles 2 and 60(2) of the Juvenile Act; Article 55(1)3 of the Criminal Act (Defendant A and B are recognized as being reasonable in light of their characteristics as juveniles)

1. Aggravation for concurrent crimes;

Defendant D: Imprisonment with prison labor and fines prescribed for a violation of the Road Traffic Act (limited to the sum of the long-term punishments of the above two crimes) provided for in the former part of Article 37, Articles 38(1)2, 38(2), and 50 of the Criminal Act; and

1. Discretionary mitigation;

A. Defendant A, B, and C: Articles 53 and 55(1)3 of the Criminal Act

(b) Defendant D: Articles 53 and 55(1)3 of the Criminal Act (the crime of violating the Act against the Protection of Children and Juveniles against Sexual Abuse at the time of sale)

1. Detention in a workhouse;

Defendant D: Articles 70(1) and 69(2) of the Criminal Act

1. Illegal punishment;

Defendant A and B: Articles 2 and 60(1) of the Juvenile Act

1. Additional collection:

Defendants: Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment

1. Order to complete programs;

Defendants: the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judgment on Defendant C, D and Defense Counsel’s argument

1. Summary of the assertion

A. Defendant C, D Defendant C, and D did not arrange the purchase of sex of a child or juvenile by “business”.

B. Defendant D

Defendant C led to the commission of sexual traffic, and the profit therefrom was also managed by Defendant C, and Defendant D only aided and aided Defendant C to commit the crime.

2. Determination

A. Whether Defendant C and D acted as a "business" to arrange the purchase of sex of juveniles

“A certain day” means continuing to repeat the same act, and whether it constitutes such act is determined according to social norms by comprehensively taking into account various circumstances, such as continuity of the relevant act, continuity of business, etc., whether it has been equipped with human or physical facilities necessary therefor, and the purpose, scale, frequency, period, mode, etc. of the pertinent act, without any connection therewith, and the act committed with the intent to continue the act one time when it was conducted with the intent to continue the act (see, e.g., Supreme Court Decisions 2003Do935, Jun. 13, 2003; 2012Do4390, Jul. 12, 2012).

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, Defendant C and D had an intent to continue engaging in the act of arranging sexual traffic at the time of arranging the act of buying sex of G, which is a juvenile, and if Defendant C and D look at the background leading up to the act of arranging sexual traffic, the frequency and duration of arranging sexual traffic, and the amount of profits from the act of arranging sexual traffic, etc., Defendant C and D shall be deemed as “the act of arranging sexual traffic” and thus, Defendant C, D and their defense counsel shall not be accepted.

① Defendant C, first of all, offered phone calls to juveniles, thereby proposing defects in his and her sexual traffic. Defendant C, along with Defendant D’s accomplice, assisted the repeated contact with many unspecified number of unspecified sexual buyers through mobile phone-type display cases, and assisted Defendant C to buy the sex of G.

② Defendant C mediated the conduct of sexual intercourse, which is a juvenile, several times a day, and acquired part of the profits from sexual traffic, and used them as living expenses, etc. or distributed them to Defendant D.

③ Defendant C, in addition to G which is a juvenile, was also acting as a broker for sexual traffic of adult women, in order to arrange sexual traffic of G, Defendant C committed a criminal act jointly with Defendant D.

B. Whether Defendant D is a aiding and abetting offender

Based on the evidence adopted and examined by the court, the following circumstances are as follows: ① Defendant C asked Defendant C to assist in engaging in the commercial sex acts; ② Defendant D consented to this; ② Defendant D directly sought from “M” or “N” which is a smartphone fluor; Defendant D transferred G to the place where the sexual male purchase occurred; ③ Defendant D transferred the commercial sex acts profits from G to Defendant C; and Defendant C received part of the commercial sex acts profits from Defendant C, it is reasonable to view Defendant C and D as a co-principal who committed the crime of this case through functional control over the intent of co-processing with regard to the commercial sex acts and division of roles.

Therefore, we cannot accept this part of the defendant D and his defense counsel's assertion.

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A and B: Imprisonment for one year and nine months to seven years and six months;

(b) Defendant C: Imprisonment with prison labor for up to 15 years;

(c) Defendant D: Imprisonment for 3 years and 6 months to 17 months;

2. Sentencing criteria:

(a) Defendant A and B: Sentencing is a juvenile under the age of 19 years, and thus does not apply.

B. Defendant C

[Extent of Recommendation] Basic Area of Type 3 (Good Offices of Purchase of Sex in Business) for Sex Offenses under 19 years of age, such as Intermediation of Sex Sex Acts for Children and Juveniles (Good Offices of Purchase of Sex in Business)

C. Defendant D

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

[Extent of Recommendation] Commercial sex Acts subject to the age of 19 years, such as brokerage, etc. of commercial sex acts for children and juveniles

Type 3 (Good Offices of Purchase of Sex as Business) Basic Area ( Imprisonment with prison labor and 8 June 198)

2) Violation of the Act on Special Cases concerning Traffic Accident Settlement

[Extent of Recommendation] General Traffic Accident>> Type 1 (Bodily Injury resulting from Traffic Accidents)> Basic Area ( Imprisonment with labor, April 10)

3. Violation of the Road Traffic Act (driving without a license): No sentencing criteria shall be set;

4) Since multiple crimes constitute concurrent crimes under the former part of Article 37 of the Criminal Act among crimes for which the sentencing guidelines are set and those for which the sentencing guidelines are not set, the standards for multiple crimes shall not be applied directly. However, the lower limit of the punishment shall be based on the lower limit of the sentencing range under the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.).

3. Determination of sentence;

A. In light of the fact that the brokerage business of sexual traffic committed by Defendant A, B, and B is highly illegal as it harms the sound sexual culture and good morals by commercializing women's sex, and in particular, arranging juveniles to become the counterpart of sexual traffic is a crime that distorts the sexual consciousness of juveniles and has a negative impact on the establishment of proper sexual identity and values of juveniles, etc., it is inevitable to sentence Defendant A and B with punishment.

However, it appears that Defendant A and B were led to the confession of his mistake while committing the crime, and that they were not actively induced to force G and H to engage in sexual traffic, or to start sexual traffic, and that Defendant A and B are juveniles, and that they have no record of punishment, etc. considering favorable circumstances, the punishment as ordered shall be determined by taking into account the following factors: Defendant A and B’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime, etc.

B. In light of the fact that the brokerage business of sexual traffic committed by Defendant C, D Defendant C, or D is serious in the nature of the crime as seen earlier, Defendant D was punished for driving without a license, and the victim of the traffic accident was not recovered from the damage, etc., it is inevitable to sentence Defendant C and D with a sentence.

However, in light of the favorable circumstances, Defendant C and D’s confession of a crime in substitution, and his mistake is divided, and it appears that G would not actively induce anyone to engage in sexual traffic or to commence sexual traffic; Defendant C and D have no record of being punished for the same kind of crime; Defendant C and D shall be considered as a favorable condition; Defendant C, D’s age, personality and behavior, environment, family relationship, motive for the crime, means and consequence of the crime; and Defendant C, D’s age, character and behavior, family relationship, motive for the crime, means and consequence of the crime, etc., the punishment is set as the order

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive against a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendants 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 are obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act

The presiding judge, the whole judge;

Judges Yoon Young-chul

Judges Cho Jong-chul