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(영문) 광주지방법원 2016.10.26 2016노1324

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of four million won and the order to complete a program for the prevention of commercial sex acts) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant purchased the sex of a juvenile and the nature of the crime is not good.

On the other hand, the fact that the defendant properly recognizes his mistake and reflects it, and the crime of this case is a favorable circumstance that the criminal facts stated in the first head of the final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act should be considered at the same time in relation to the case of judgment.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.