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(영문) 광주고등법원 2019.10.17 2019노247
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). No new sentencing data is submitted to the Defendant, and there is no particular change in the sentencing conditions compared with the original judgment.

The grounds alleged by the defendant as the grounds for appeal are all considered in determining the punishment of the defendant.

In full view of the various sentencing conditions shown in the records and pleadings, the lower court’s sentence against the Defendant exceeded the reasonable scope of discretion.

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

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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