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(영문) 부산고등법원 2013.10.17 2013노415

아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years and six months of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant confessions all the criminal facts of the instant case and repents his mistake, and that the Defendant did not have any history of punishment for the same kind of crime, and that he did not reach a relatively old age.

However, the crime of this case is committed by arranging a child or juvenile to engage in sexual traffic, and the nature of the crime is not very good. Such a crime requires strict punishment in that it interferes with the proper growth of children and juveniles and has an adverse impact on society. The sentence of 3 years and six months sentenced by the court below is the lowest sentence that can be sentenced to the defendant, and other various sentencing conditions specified in the arguments of this case, such as character and conduct, family relationship, motive for the crime, circumstances after the crime, etc., are considered as being considered, and thus, it is not recognized that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.