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(영문) 부산지방법원 2014.03.14 2013노3953
청소년보호법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The punishment of the original judgment (two million won of fine) is too unreasonable because the former part of the facts charged in the indictment is not a media product harmful to juveniles, and the punishment of the original judgment is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the defendant's name was examined ex officio; the prosecutor violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.; Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc.; and Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Commercial Sex Acts, Etc.; the facts charged are modified to the same contents as the facts charged below; and the judgment below cannot be exempted from reversal

(3) As seen earlier, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following judgment is delivered after pleadings, since the media materials harmful to juveniles were deleted due to the above amendment of the indictment, and the defendant's assertion of misunderstanding the facts is not separately determined.

Criminal facts

On May 20, 2013, from around 23:00 to 23:30 on the same day, the Defendant advertised the act of purchasing sex by attaching 9 9 copies of an advertising street complex containing a picture and telephone number on the wall of the “Curel” located in Busan Shipping Daegu, which describe the sexual organ of both men and women who suggesting sexual traffic mediation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 20 (1) 3 of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of a fine concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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