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(영문) 광주고등법원 2017.07.06 2017노89
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

Punishment B shall be determined by imprisonment for three years and six months.

Reasons

1. Judgment on the misunderstanding of the facts and misapprehension of the legal principles [the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse]

A. As alleged in the grounds of appeal in this part, Defendant A argued that the lower court did not force sexual traffic by assaulting and threatening the victim J and K, and that there was no fact that Defendant did not play a general responsibility for sexual traffic.

The court below found the defendant guilty of this part of the charges on the ground of the circumstances acknowledged by the adopted evidence, such as that when the defendant threatened the victim'sJ or assaulted the victim'sJ, and later the J and K have fleded twice or gone back again, and later the J has gone back again, the victim was threatened or abused by the defendant, and the victims engaged in commercial sex acts upon the defendant's instruction, and the J engaged in commercial sex acts even during sexual illness treatment, while the J attempted to partly conceal the proceeds or avoid commercial sex acts, and the J attempted to go to go to X or to go to his family when he attempted to not engage in commercial sex acts, the court found the defendant guilty of this part of the charges on the ground of the circumstances recognized by the adopted evidence.

Examining the circumstances presented by the court below in comparison with the evidence duly adopted and examined by the court below, there is no reasonable circumstance to deem that the court below's determination on this part of the judgment was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, and there is no other objective reason to affect the formation of documentary evidence even in the course of the trial of this court.

The judgment of the court below is just, and the defendant's assertion that there is an error of mistake or misunderstanding of legal principles is not accepted.

B. Defendant B (1) The Defendant’s assertion and the Defendant’s forced sexual traffic are only A, and they are themselves victims.

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