아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.
2. The crime of this case committed against juveniles who are 16 years old only at the time, and the nature of the crime is heavy, and the crime is likely to seriously affect the sex awareness or awareness of the juveniles who have not been formed with the awareness of sex, and thus there is a need to strictly punish them. However, considering all the sentencing conditions of this case including the fact that the defendant reflects his mistake in life for about five months, that the defendant has no record of the same crime, that the defendant has no record of the same crime, that the defendant has reached an agreement with H and G father at the trial, etc., the punishment of the defendant is somewhat inappropriate.
3. Accordingly, 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 well-grounded.
Criminal facts
The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 21(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The case against the defendant who has registered personal information under Articles 4 and 21(2) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012)