아동ㆍ청소년의성보호에관한법률위반(성매수등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence and forty hours of lectures for the prevention of sexual traffic in October) is too unreasonable.
2. The act of determining juveniles’ sexual intercourse is a crime that adversely affects not only the creation of a sound sexual values for juveniles, but also the establishment of a sound sexual culture in our society.
The defendant is well aware of the fact that D is a juvenile, and the responsibility for the crime is not less than that of sexual traffic, but also the possibility of criticism is high.
However, the defendant did not have any record of criminal punishment for the same crime as well as for other crimes, and even if he recognized all of the crimes, he reflects the mistake in depth.
D Along with the purpose of committing the instant crime, it is necessary to consider some of the following factors: (a) the Defendant, while making efforts to recover damage, etc. inflicted upon D after committing the instant crime, by making efforts to pay KRW 2,300,000,000 to D; and (b) the process of committing the instant crime and the circumstances after committing the instant crime.
The defendant has yet to be young as a student who is in the university's temporary absence, and his families and knife the defendant's wife against the defendant, and the defendant does not repeat the defendant.
In full view of these circumstances and all the conditions of sentencing as shown in the records and arguments, including character, conduct, environment, family relationship, etc. of the defendant, the sentence imposed by the court below is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
【Grounds for another judgment】 Since the facts constituting a crime and the summary of evidence are the same as stated in each corresponding column of the judgment below, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the relevant criminal facts and the selective punishment;
1. Article 53 of the Criminal Act for mitigation of amount;