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(영문) 대구고등법원 2017.06.22 2017노95
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the grounds for appeal in light of the various sentencing conditions in the instant case, each sentence (Defendant A: imprisonment with prison labor for a year and six months, a stay of execution for three years and 40 hours, a social service for 160 hours or more, Defendant B: imprisonment with prison labor for a year, a stay of execution for a year, two years or more, a lecture for the prevention of sexual traffic for 40 hours or more, and a community service for 80 hours) declared by the court below is unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the Defendants conspired to purchase the sex of female children and juveniles aged 16 who are Grade 3 intellectual disability, and committed the instant crime at a disadvantage to the Defendants, such as the motive, circumstance, method, frequency of the crime, and the age of the other party to sexual purchase, etc.

On the other hand, the Defendants appeared to be aware of the crime of this case, and Defendant A did not have the same criminal record, and Defendant A did not have any criminal record of the suspension of execution or heavier punishment than that of the suspension of execution, except for Defendant B who was sentenced to one year of the suspension of execution on January 2013, and Defendant B was the first offender with no criminal record, and considering the Defendants’ family relationship and occupation, etc., the Defendants appears to have relatively social ties.

As above, comprehensively taking into account all the sentencing conditions that appear in the records and arguments of this case, such as the Defendants’ age, sex and criminal conduct, family relation, motive and background of the crime, the number of offenses and the degree of participation before and after the crime, and the circumstances before and after the crime, etc., which are unfavorable or favorable to the Defendants, and the lower court comprehensively takes into account such sentencing conditions as follows: (a) 1 year and 6 months of imprisonment, 3 years of suspended sentence, etc.; and (b) 1 year of suspended sentence against Defendant A and suspended sentence.

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