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(영문) 서울고등법원 2017.10.27 2017노1734
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (20,000,000 won, etc.) is too unreasonable.

2. The crime of this case is not good for the Defendant to have committed the act of purchasing the sex of a child or juvenile, and the act of purchasing the sex of a child or juvenile is a crime that adversely affects not only the formation of a sound sexual values among juveniles, but also the establishment of a sound sexual culture in our society.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime as a primary offender with no criminal history and is against the depth of the instant crime; (b) the Defendant did not seem to have abused, threatened, or induced juveniles in the course of sexual purchase; (c) the Defendant must support the mother suffering from rare diseases (which is a recipient of general recipient’s interest medical care benefits as a result of living benefits under the Act and subordinate statutes guaranteeing the basic living security for the public); and (d) the Defendant’s age, sex behavior, environment, family relationship, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, 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 judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the relevant criminal facts and the selective punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse:

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