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(영문) 광주지방법원 2015.02.11 2015노136
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment and forty hours of an order to attend a sexual assault treatment lecture) of the lower court is deemed to be too uneasy and unreasonable;

2. The crime of this case is committed under normal circumstances, where the defendant purchases the sex of the victim who is a minor under 15 years of age and continuously demands the victim to continue to be sexual intercourse, and if the defendant refuses to comply with this request, he threatened the victim as if he informed the fact of sexual traffic to his family, and the defendant did not agree with the victim, on the other hand, recognized his mistake. On the other hand, at the time of the above sexual traffic, the defendant was a minor under 18 years of age at the time of the above sexual traffic, the first offender, and the fact that the support for the defendant's family is deemed to be well-founded. In full view of the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and the various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and environment

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

However, when this judgment becomes final and conclusive, the Defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11047 and September 15, 201) and Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); and Article 43(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (No. 1156 and No. 1156, Dec. 18, 2012);

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