아동ㆍ청소년의성보호에관한법률위반(성매수등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (five million won in punishment, and 24 hours in order to complete a sexual assault treatment program) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The fact that the judgment of the crime is recognized, and that the other party juvenile's family-friendly group first proposed similar acts, etc. are favorable circumstances.
However, the crime of this case is likely to seriously impede the growth of children and juveniles into healthy members of society with sound sexual consciousness, and it is necessary to strictly punish them since it has an adverse effect on the settlement of a correct sex culture in our society. The defendant, even though he/she had a record of criminal punishment twice due to the same crime, is likely to cause the crime of this case to be committed, and the risk of recidivism is high.
In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.
3. As such, the prosecutor’s appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading ( there is no ground for appeal by the defendant, but so long as the judgment of the court below is accepted by the prosecutor’s appeal and the judgment of the court below is reversed, the defendant’s appeal shall not be dismissed separately from the order). 【The judgment used again is identical to the facts constituting the crime and the summary of evidence recognized by the court below and the summary of the evidence are identical to the facts constituting the crime
Application of Statutes
1. The relevant Article of the Act concerning the facts constituting the crime and the selective child or juvenile;