아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., in a case where the Defendant’s mistake was against the victim, agreed with the victim, and did not spread the videos received from the victim, the sentence imposed by the court below (e.g., imprisonment with labor for not less than 10 months) is too unreasonable.
2. The lower court determined the above punishment by taking account of the following favorable circumstances: (a) the Defendant’s access to minors who wished to model and promised to provide money and valuables, and the process and method of the instant crime committed on computers and kept in custody on several occasions; (b) the victim’s age gave rise to serious mental pain due to the instant crime and fear to spread of video images; (c) the Defendant committed a second offense during the suspension period of execution of imprisonment with prison labor for the same kind of crime; (d) the Defendant’s confession and misunderstanding against the Defendant; (e) the Defendant’s confession and misunderstanding against the victim; (e) the Defendant gave 4.5 million won agreement to the victim; and (e) the Defendant’s dissemination of video images by the victim was not visible.
The circumstances alleged by the Defendant as the grounds for appeal were already considered in the sentencing process of the lower court, and there was no change in the conditions of the sentencing compared to the lower court, as the new sentencing data was not submitted in the trial. Moreover, considering the grounds for and circumstances of the sentencing as stated by the lower court, including the Defendant’s age, character and conduct, family environment, motive and background of the offense, the means and consequence of the offense, and the circumstances before and after the offense, the lower court does not seem to have exceeded the reasonable scope of the discretion.
3. In conclusion, the defendant's appeal is dismissed on the ground that it is without merit.