아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
80 hours recidivism of sexual buyer.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and six months of imprisonment and 80 hours of order to complete a program to prevent recidivism of sexual buyers) is too unreasonable.
2. The instant crime committed on the basis of the following facts: (a) the Defendant, who is an adult, purchases the sex of a child or juvenile whose perception of sex has not yet been formed; and (b) the Defendant failed to properly perform his/her duty as a person subject to registration of personal information; and (c) the act of purchasing the sex of a child or juvenile, as well as the act of seriously impairing the sound sexual values and the formation of personality of juveniles, is a crime that has a negative effect on the establishment of a sound sexual culture in our society, and is very heavy
In particular, the defendant was sentenced to a suspended sentence for committing a sex purchase crime by a child or juvenile and re-offendered with a sex purchase crime of this case during the grace period.
However, the defendant recognizes all of his criminal acts, reflects the mistake, and is going to receive psychological counseling to prevent recidivism.
The family members of the defendant promised to look at the defendant and appeal against the defendant.
In addition, considering the various sentencing conditions revealed in the proceedings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;