아동ㆍ청소년의성보호에관한법률위반(성매수등)
The prosecutor's appeal is dismissed.
In light of the summary of the grounds for appeal on the part of the defendant case (unfair sentencing), the punishment imposed by the court below (the amount of 15 million won, the completion of a sexual assault treatment program for 40 hours) is too uneasy and unreasonable.
Judgment
Examining the various sentencing conditions of this case, the crime of this case committed the act of purchasing the sex of a child or juvenile by giving the price for sexual traffic to two female children and juveniles who met through "D", which is held by the defendant, and committing the crime of this case. The crime of this case is disadvantageous to the defendant, in light of the circumstance and method of the crime, and the age of the children and juveniles, etc., of the crime, the criminal quality is bad and heavy, and the act of purchasing the sex of a child or juvenile is very heavy, as well as the formation of the sound sexual values of the juveniles in our society, and the defendant committed the crime of this case while being suspended after being sentenced to a suspended sentence of two years on August 26, 2016, by interfering with the execution of official duties by the Daegu District Court, which was sentenced to a suspended sentence of two years on June, 201.
On the other hand, the fact that the Defendant appears to recognize and reflect the crime of this case, that there is no record of sexual crimes that are identical to the Defendant, that there is no record of criminal punishment exceeding the suspension of execution, and that there seems to be a relatively social ties, such as workplace pay and booming the wife, etc., which are favorable to the Defendant.
As above, comprehensively taking into account all the factors of sentencing, such as whether the Defendant was disadvantageous or favorable to the Defendant, Defendant’s age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., and all of the factors of sentencing as indicated in the instant records and the theory of changes, etc., and the lower court, taking into account such factors of sentencing, shall apply the sentencing criteria set by the Supreme Court’s sentencing committee, so long as it has selected the scope of punishment by law (one million won to twenty-five million won).