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(영문) 서울고등법원 2018.01.26 2017노3161
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The court below held that the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (such as purchase of sex, etc.) is a purchase of sex of a child or juvenile who is an adult and has not yet formed a correct perception of sex. Such a crime is highly likely to be criticized in that it not only infringes on the human rights of the relevant child or juvenile, but also affects the establishment of a proper and sound sex culture in our society. Furthermore, the defendant has been sentenced twice as a crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (purchase of sex, etc.) and has been sentenced twice a suspended sentence, and the defendant has committed each of the crimes of this case without being sentenced two times a fine due to the violation of the Road Traffic Act, and again committed each of the crimes of this case, it is inevitable to punish him/her accordingly, such as the punishment corresponding to his/her responsibility, which is unfavorable to the defendant, such as the confession of the crime of drinking, and the degree of alcohol concentration among such crimes is relatively high.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 13 years;

2. Application of the sentencing criteria;

(a) Type 1 (the act of purchasing the sex of a child or youth) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the determination of types) (the act of purchasing the sex of a child or youth subject to the age of 19) (the act of purchasing the sex of a child or youth) / (the act of purchasing the sex of a child or youth / the act of taking the sex of a child or youth / the person subject to special sentencing / the act of taking the sex of a child or youth / the act of taking the sex of a child or

(b) Crimes of violating traffic laws on roads: The fact that the sentencing criteria are not set;

(c) Two years of imprisonment with prison labor for a recommendation according to the standards for handling multiple crimes;

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