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(영문) 대구고등법원 2020.12.24 2020노396

아동ㆍ청소년의성보호에관한법률위반(성매수등)

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The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution, etc.) is too unfluent and unfair.

Judgment

The crime of this case is committed by the Defendant, who is an adult, to purchase sex of a child or juvenile with no sexual identity and value established, and the crime of this case is not only serious harm to the sound growth of the relevant child or juvenile and the formation of sexual values, but also adversely affect the settlement of sound sexual culture in our society. Therefore, the crime of this case cannot be deemed to be less severe.

However, the circumstances favorable to the defendant are that the defendant recognized all of the crimes in the trial, seriously reflects the fact that the defendant is the first offender, and that the economic activities of the defendant have been interrupted due to family conditions.

In addition, considering the various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines, the punishment sentenced by the court below shall not be deemed to be unfair because it is too unreasonable.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.