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(영문) 서울중앙지방법원 2016.10.28 2016노2828
개인정보보호법위반등
Text

Defendant

All appeals filed against A, B, and D by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence is too heavy.

B. (1) The prosecutor (1) is sufficiently anticipated that Defendant B (in fact), Z and a person in fact (hereinafter “AD”, hereinafter referred to as “AD”) have continued the same crime even after the act of arranging sexual traffic or committing sexual traffic. As such, the prosecutor’s act of implementing the principal offender is recognized.

(2) It is not possible for Defendant D (A) to not transmit a police official photographic file transmitted in this case to the business owners of arranging sexual traffic, which had been engaged in providing police control information to the business owners of arranging sexual traffic.

(B) The sentence of the lower court on unreasonable sentencing is too minor.

2. Determination

A. The determination of the assertion of mistake of facts (1) Since Defendant B’s aiding and abetting and abetting and aiding a principal offender knowingly commits a crime, the principal offender ought to have the intention of aiding and abetting and aiding and abetting the principal offender and the principal offender’s act constitutes the elements of a crime.

(see, e.g., Supreme Court Decision 2003Do382, Apr. 8, 2003). Moreover, a final offender refers to aiding and abetting a principal offender prior to or during the commission of a principal offender and facilitating the commission of a principal offender. As such, a principal offender ought to be committed.

(See Supreme Court Decision 2007Do8050 Decided November 29, 2007, etc.). Defendant B had the intent of aiding and abetting (whether or not Z and AD transmitted police official photographs files to facilitate the attempt of committing the act of arranging sexual traffic or sexual traffic with the knowledge that Z and AD continued to commit the act of arranging sexual traffic or committing sexual traffic), and the fact that Z and AD performed principal acts, such as arranging sexual traffic or sexual traffic, after transmitting an official photograph file of Defendant B’s police, constitutes part of the constituent elements for punishing Defendant B as a crime of aiding and abetting the crime of arranging sexual traffic or arranging sexual traffic, etc., the prosecutor is responsible for proving the fact.

Crimes of arranging sexual traffic, sexual traffic, etc.

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