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(영문) 서울고등법원 2018.10.16 2018노1551
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

1. The part of the judgment below, excluding the part concerning the obstruction of performance of official duties in the judgment by Defendant B, shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The misunderstanding of the facts and the legal principles were made by the request of G to have the Defendant committed the sexual traffic of G. The Defendant, due to the pregnancy of G, did not voluntarily terminate the act of arranging sexual traffic, but the Defendant was also entitled to have the sexual traffic of G. The Defendant was attending the workplace around October 2017 and did not receive a large amount of profit to maintain his livelihood due to the act of arranging sexual traffic. Thus, the Defendant cannot be deemed as engaging in the business of arranging sexual traffic.

Nevertheless, the defendant was engaged in the business of arranging sexual traffic.

The judgment of the court below is erroneous in the misunderstanding of facts and legal principles.

2) The punishment sentenced by the lower court to the Defendant (such as imprisonment with prison labor for a period of three years and six months and forty hours and orders to complete a program to prevent sexual traffic) is too unreasonable.

B. Defendant B1) misunderstanding of the facts and misapprehension of the legal principles (as to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter brokerage, etc.), Defendant requested the mediation of sexual traffic to the Defendant on November 2017. Thus, Defendant advertisement of sexual traffic from L through a mobile phone-rating clock, “F”, when contact was made from L without refusing such request, advertisement of sexual traffic was made, and delivery of the content of the promise to L after determining the sexual purchase and the sexual traffic promise to contact with L, and around December 3, 2017, Defendant retired from sexual traffic brokerage around February 1, 2018. Thus, Defendant requested L to request L to arrange sexual traffic on his/her behalf on behalf of L to allow sexual traffic more than once.

The defendant has not provided L with a means of movement or a place for sexual traffic, and the period and frequency of the act of mediation shall be limited to 12 times in total, and the criminal proceeds shall also be minor to 900,000 won.

The defendant first proposes or compels L to engage in sexual traffic.

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