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(영문) 대구고등법원 2017.03.09 2016노687
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the various sentencing conditions in this case, the punishment (a punishment of imprisonment for three years, 40 hours for completion of sexual assault treatment programs, 39 vaccinationers seized and 1.65g confiscation, 450,000 won additionally collected) imposed by the court below is too unreasonable and unfair (the defendant asserted that the defendant did not purchase the sex that H did not know the fact that H was a minor in the statement of grounds for appeal and did not purchase the money. However, the defendant revoked the above argument to the effect that H did not know the fact that H was a minor, and did not purchase the money for the reason that he did not sell it. However, the argument that there was an unfair dispute about the sentencing on the grounds of appeal is not a legitimate ground for appeal, and even after ex officio examination of the above facts is conducted, there is an error of law by mistake as pointed out by the defendant.

2. Examining the various sentencing conditions in the instant case, the Defendant purchased a large quantity of phiphones from a person in the name of the deceased, and administered and possessed them on several occasions, and took the phiphones to H, a female juvenile of 15 years of age, and had sexual intercourse with H, who is a female juvenile of 15 years of age, and had sexual intercourse with H. The crime of narcotics, etc. is highly likely to cause serious harm to the society, and thus requires strict punishment. The Defendant purchased phiphones, and went to sexual intercourse with the juvenile of 15 years of age who is not physical and mental maturity, and the Defendant appears to have taken the phiphones, and accordingly, H seems to have been subject to criticism. The Defendant was sentenced to a suspended sentence of imprisonment with prison labor for two years in the Daegu District Court on May 31, 2016 for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, but was sentenced to a fine of 2 years of suspension of execution (hereinafter referred to as the Punishment of Commercial Sex Acts).

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