아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unfunied and unreasonable.
2. It is acknowledged that the circumstances unfavorable to the Defendant, such as the following: (a) the Defendant was sexually purchased by a female young young adult under the age of 14; (b) the Defendant was sexually poor; (c) the Defendant was in custody of the body photographs of victimized juvenile; and (d) the Defendant committed secondary crimes threatening the victim by using them; and (e) the Defendant’s act was committed with a false sexual awareness; and (e) it seriously undermines the physical and mental development of juveniles.
However, considering the favorable circumstances of the Defendant, such as the fact that the Defendant has no criminal history for the same kind of crime, the Defendant did not exercise physical force while committing the instant crime, the Defendant deposited KRW 5 million for the victim, the Defendant’s health is not good, and the Defendant divided his mistake, etc. Furthermore, in light of all the sentencing conditions indicated in the records, such as the background leading to the instant crime, the Defendant’s age, character and conduct, the method of committing the instant crime, and the circumstances after committing the instant crime, the sentence of the lower court against the Defendant is deemed unreasonable.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.