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(영문) 대구고등법원 2015.05.14 2014노649
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
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1. Defendant A

A. The judgment below is reversed.

B. Defendant A shall be punished by imprisonment with prison labor for one year and six months.

C. Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants, misunderstanding of facts and misunderstanding of legal principles, there is a fact that the Defendants assisted E and G to engage in sexual traffic, it is not a business.

B. Each sentence (three years and six months of imprisonment) imposed by the lower court on the Defendants is too unlimited and unfair.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

In the trial of a public prosecutor, "Article 15 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse" among the applicable provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, "Article 15 (2) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse," and "Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic" among the applicable provisions of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., "Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic" shall be changed to "Article 19 (1) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc.," and "application for amendments to an amendment to an Act on the Punishment of Acts of Arranging Sexual Traffic, etc."

(3) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendants' grounds for appeal on the ground that the defendants' grounds for appeal that "the act of arranging sexual traffic has not been committed in the course of business)."

【The grounds for appeal 【The facts constituting the crime and the summary of the evidence admitted by the court, and the summary of the evidence, other than deletion of the facts constituting the crime of the court below (as stated in the judgment of the court below No. 2 and No. 16-17).

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