아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in October and forty hours of attending the sexual assault treatment course) is too uneased and unreasonable;
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant conspireds with his accomplice to purchase the sex of a child or juvenile, and the nature of the crime is not minor, and the crime of this case is low during the period of probation, etc.
However, in full view of the following circumstances: (a) the Defendant was detained for about four months in relation to the instant case; (b) the Defendant had no record of punishment for the same kind of crime; and (c) the Defendant’s violation of one’s wrongness after the sentence of the lower judgment is considered as favorable to the Defendant; and (d) there are no special circumstances or circumstances newly considered in the sentencing after the sentence of the lower judgment; and (b) the Defendant’s age, character and conduct, environment, motive and background of the crime; (c) means and method of the crime; and (d) circumstances that are conditions for the argument and the sentencing indicated in the record
Therefore, prosecutor's assertion is not accepted.
3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.