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(영문) 대구지방법원 2014.10.02 2014노2218
아동ㆍ청소년의성보호에관한법률위반(강요행위등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for a crime No. 1 in the annexed list of crimes in the original judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and four months in prison and 80 hours in prison for the crimes set forth in Nos. 2 through 5 in the table of crime committed by the court below in the original judgment: imprisonment with prison labor for two months, and the attached list of crimes set forth in the attached list of the court below's decision) declared by the court below is too unreasonable.

2. The Defendant, in collusion with C, solicits D to provide accommodation using the wife of D(n, 15 years of age) having no place to send home and accommodation, and solicits D to engage in sexual traffic by using the Internet hosting room directly, and leading the Defendant to commit the crime such as directly acquiring, using, and managing the price for sexual traffic. The crime of this case is heavier than the nature of the crime. The Defendant’s crime of this case is likely to undermine the sound growth of children and juveniles, and it is necessary to severely punish children and juveniles with severe social harm.

However, the defendant did not have any history of punishment for the same kind of crime, and allowed D to engage in sexual traffic, and the investigation agency recognized all the crimes from the investigation agency and reflected in depth.

The defendant has yet to be young at 22 years of age and has three married children.

In full view of all of the sentencing conditions shown in the records and arguments such as the character and behavior and the environment of the defendant, the punishment sentenced to the crime No. 1 in the annexed list of crimes in the judgment of the court below is appropriate, but the punishment sentenced to the crime No. 2 through 5 in the annexed list of crimes in the judgment of the court below is too unreasonable.

However, since the court below ordered one order to complete a sexual assault treatment program for each crime, there is reason to reverse the whole judgment of the court below.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

Criminal facts and summary of evidence recognized by this court shall be as follows.

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