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(영문) 부산고등법원 (창원) 2018.01.31 2017노223
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be sentenced to a maximum of one year and nine months, and a short of one year and three months.

Reasons

1. The summary of the grounds for appeal explicitly withdrawn the misapprehension of facts and misapprehension of legal principles on the first trial date.

The punishment sentenced by the court below against the defendant (long-term two years of imprisonment, short-term one year and six months of imprisonment, and 40 hours of order to complete a program) is too unreasonable.

2. Each of the instant offenses is determined by the following: (a) the Defendant, in collusion with B, etc., induced the victim H, a female juvenile under 16 years of age, to become the counterpart in purchasing the child’s sex; (b) the victim H abused the victim H to purchase the child’s sex; (c) paid clothes value by using a credit card that has been lost or stolen on 15 occasions; and (d) temporarily used the victim’s Z without a driver’s license for two occasions; (b) the nature of the crime and method of committing the crime is very poor; (c) the Defendant led the Defendant to commit the crime for the purpose of preparing living expenses and entertainment expenses; and (d) the victim H was consumed with the consideration; (c) the victim H, who is obliged to establish a proper sexual value, was able to suffer significant mental pain and shock due to the instant offense against the Protection of Children and Juveniles against Sexual Abuse; and (d) the Defendant appears to have been subject to prosecution and punishment against the victim; and (e) the Defendant did not appear to have been subject to punishment against the victim’s mother and the Defendant.

However, all of the crimes of this case are recognized by the Defendant and against his mistake, and the degree of damage caused by the illegal use of each of the crimes of this case, including fraud and motor vehicles, is relatively not much serious, and the Defendant inflicts injury on the victim H in the trial.

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