아동ㆍ청소년의성보호에관한법률위반(성매수등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (two years of suspended execution for four months of imprisonment, eight hours of community service order, and forty hours of sexual assault treatment order) is too unreasonable. The gist of the grounds for appeal by the prosecutor is that the above sentence of the court below is too unreasonable.
2. We examine the defendant and prosecutor's assertion of unfair sentencing, together with each of the grounds for unfair sentencing by the defendant and prosecutor. Further, considering the following circumstances, the defendant's age, character and environment, the background and result of the crime of this case, and the circumstances of the crime of this case, which are conditions for sentencing as shown in the records and arguments after the crime, are considered as unfavorable sentencing factors against the defendant. On the other hand, the defendant seems to have attempted to have sexual intercourse at the scene. On the other hand, the defendant was recognized as substitute for the crime when the crime was committed, and in fact, the defendant did not reach the purchase of sex, and the decision was deemed to have been made, and there is no specific penalty power other than the three times of minor fines, and there is no same force, the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the court below's punishment is unreasonable.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading
(Inasmuch as the judgment of the court below is accepted and reversed on the grounds of unfair sentencing, the appeal by the prosecutor on the grounds of unfair sentencing shall not be separately decided by the order). [Judgment in writing] The summary of facts constituting an offense and evidence acknowledged by the court is the same as the statement in the corresponding column of the judgment of the court below. Thus, it is without merit in accordance with Article 369 of