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(영문) 서울고등법원 2014.09.26 2014노2039
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 80 hours against the defendant.

Reasons

1. Progress of litigation;

A. The lower court’s judgment: Recognizing the Defendant guilty of all the charges charged - Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation of business, etc.): Juvenile H (n, 17 years of age): Having juveniles H (n, 17 years of age), I (n, 18 years of age), and I (n, 123 times, etc.) engage in commercial sex acts on 144 occasions in entirety, and arranging the purchase of sex by children and juveniles; - Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Good Practices): Having 11 female members, such as J, engage in commercial sex acts over 247 times in total, thereby engaging in commercial sex acts.

B. 1) The appeal relation before remanding the case: The defendant is acquitted on the ground that there is no evidence that the defendant knew that he/she was a juvenile, and on the ground that he/she violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter referred to as "act of arranging sexual traffic"), the decision of the court below is reversed (citing appeal by the defendant) and the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter referred to as "act of arranging sexual traffic"), and the decision of not guilty on the ground that the defendant knew that he/she was a juvenile, on the ground that he/she violated the Act on the Protection of Children and Juveniles against Sexual Abuse (act of arranging commercial sex), but

C. Remand 1) The relation to appeal: The prosecutor appeals against the acquittal (the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, etc.) of the reasoning of the court below against the misapprehension of the legal principles or the rules of evidence, and the defendant appeals against the purport that the sentence of the court below exceeds the inherent limits of its sentencing discretion: the reversal (citing the appeal by the prosecutor) (the case of appeal by the prosecutor) (the case of appeal by the person who mediates the act of buying sex as his/her business does not fulfill his/her duty of age verification for the protection of children and juveniles against the person employed as

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