아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall arrange the commercial sex acts for 40 hours.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The crime of this case is highly illegal and has a high possibility of criticism in that the defendant arranges the defendant's act of purchasing the sex of the victim, who is a child or juvenile, for business purposes, and that the defendant's act of purchasing the sex is detrimental to the sound sex culture and good morals, and the juvenile whose identity and values are not established as a means of pursuing economic benefits
On the other hand, however, the defendant shows an attitude to recognize and reflect all crimes, and there is no record of criminal punishment except for crimes subject to a fine for different types of crimes.
In addition, the victim does not want the punishment of the defendant, and the family members of the defendant and the person of the defendant want to take the action.
In addition to these circumstances, considering comprehensive consideration of the Defendant’s age, character and conduct, environment, motive, circumstances after the commission of the crime, the victim’s age and relationship with the Defendant, and all of the sentencing conditions shown in the records and arguments, including the specific circumstances leading to the instant crime, the sentence imposed by the lower court is somewhat unreasonable.
The defendant's above assertion is with merit.
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.
[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 15 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of this paragraph (2) above);
3. Order to complete a program, as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, 4.