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(영문) 부산고등법원 2016.07.07 2016노193

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (4 years and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. We examine the judgment, several circumstances favorable to the defendant, which were shown in the trial process of the court below and the court below (the defendant recognized all the crimes of this case and divided his errors).

The fact that the defendant statements, and there is no criminal record of a punishment heavier than imprisonment without prison labor, etc.) and various unfavorable circumstances [each crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse committed by the defendant has been committed as a means of economic profit-making by an adult juvenile whose sexual values have not been properly established as a means of economic profit-making, and thus, there is a high possibility of criticism. The fraud of this case committed by the defendant is also committed against a large number of victims, and the crime of fraud of this case committed by the defendant is committed with a total of 240 million won as stated in the judgment of the court below, and is also committed with a total of 240 million won as stated in the judgment of the court below, and the nature, means, methods, and results, etc. of the crime are more serious in light of the situation and contents of the crime, methods, and result, etc. of the crime. Nevertheless, if all of the sentencing conditions of the defendant's age, sex, environment, period of each crime of this case, previous and after the crime, etc., the court below and the defendant's argument is unreasonable or unreasonable.

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