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(영문) 대구지방법원 2013.03.28 2013노495

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The Defendant, in exercising the true sexual self-determination within the meaning, e.g., the 14 years old and the 18 years old and the 18 years old have been in temporary position in the Defendant’s company due to a family form where the victims of the 14 years old and the 18 years old have not yet been able to exercise the right to sexual self-determination. Rather, the Defendant, despite the position to protect and supervise the Defendant, was harsh by taking advantage of his status and taking money, etc. into account, was in a continuous sexual relationship between the victims and about

It is clear that the instant crime may cause the victims to have distorted sexual consciousness and negative values, thereby causing enormous impediment to their growth into a healthy sexual character in the future.

Furthermore, considering the fact that victims are relatives and the frequency and duration of the crime of this case, the victims and their families could not recover.

However, there is no record that the defendant was punished for the same crime, each of the crimes of this case is recognized, and the victims do not want the punishment for the defendant by mutual consent with the victims.

The defendant is responsible for the treatment and livelihood of the wife who suffers from chronic infections and hyp diskss, and the defendant's wife also desires to grow up with the defendant's wife.

In addition, considering all of the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is unreasonable.

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

The summary of the facts charged by the court and the summary of the evidence are as follows: "(19)" in Section 14 of the judgment of the court below on the second page.