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(영문) 서울고등법원 2017.04.18 2017노599
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

[Defendant A and B] The part of the lower judgment against Defendant A and B is reversed.

Defendant

A Imprisonment for two years, Defendant .

Reasons

The summary of the grounds for appeal, Defendant A and B - The sentence that the court below sentenced against the Defendants (Defendant A: two years of imprisonment, and Defendant B: one year of imprisonment) is too unreasonable.

A prosecutor - The Defendant was at least aware of the fact that F was a child at the time of committing the instant crime, in light of the fact that F was a child at least a dolusent perception of the fact that F was a child at the time of committing the instant crime, in light of the fact that F was at least a child at the time of committing the instant crime, due to the fact that the F was a child at least 14 years of age.

Judgment

Defendant

The crime of this case concerning A's unfair argument of sentencing is committed in favor of the defendant, who is a juvenile who has not yet formed the awareness of sex, and continuously assisted the sexual traffic of the victim even after the police crackdowns on the sexual traffic. The crime of this case is committed in favor of the defendant. The crime of this case is committed in favor of the victim, and the responsibility for the crime is heavy, and the victim seems to have suffered mental pain together with a considerable sense of sexual humiliation.

On the other hand, it is favorable to the defendant that the defendant has no criminal history of the same kind, that the defendant recognizes all crimes and reflects his mistake, that the defendant is not healthy due to a new conviction, etc., and that the victim does not want the punishment by mutual agreement with the victim, and that the victim does not want the punishment.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the arguments in this case, and the scope of recommended sentences and the criteria for suspended execution according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the court below is deemed unfair.

Therefore, the defendant's argument is justified.

Defendant

B Sentencing is unfair.

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