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(영문) 광주지방법원 2017.11.15 2017노3235

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (ten months of imprisonment, two years of probation, 80 hours of community service order, and 40 hours of lecture for sexual assault treatment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the following facts: each of the crimes in this case committed by a minor as an act mediating the minor to engage in sexual traffic, whose nature is not very good; the defendant is disadvantageous to the defendant; and the defendant has no record of being punished for the same crime is favorable to the defendant.

In addition, considering the circumstances leading up to each of the crimes in this case, the means and results thereof, the defendant's age, sexual conduct, environment, etc., and all of the sentencing conditions indicated in the records and arguments, the court below's punishment is too heavy or it cannot be deemed unfair because it is too heavy. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.