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(영문) 대구고등법원 2017.11.09 2017노236
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, 40 hours of lectures to prevent sexual traffic) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the fact that the Defendant appears to reflect the wrong when committing the crime, that there is no record of the same sex crime, that there is 70 old-age support, that is being treated due to stress disorder, depression disorder, etc., and that the health condition is not good is favorable to the Defendant.

On the other hand, the crime of this case is committed against the defendant, who is a male of 49 years of age, provided a woman's child who was sexual intercourse with 13 years of age through mobile phone hosting and a woman's child with cash and tobacco in return for this payment. In light of the details and methods of the crime, and the age of the target child, etc., the act of purchasing the sex of the child and juvenile is not easy to commit the crime. As such, the act of purchasing the sex of the child and juvenile is a crime that infringes on the formation of sound sexual values and personality of the youth subject to protection and has a negative effect on the settlement of sound sexual culture in our society, and thus requires strict punishment, such as the violation of the Narcotics Control Act, violation of the Act on the Control of Narcotics, etc., suspension of execution, suspension of execution, and punishment.

As above, the court below comprehensively takes into account the following factors: (a) the Defendant’s age, sexual behavior and environment, family relation, health status, motive and background of the crime, means and consequence of the crime; and (b) various sentencing conditions as shown in the records and arguments on changes, such as the circumstances before and after the crime; and (c) the court below, taking into account these factors of sentencing, sentenced the maximum 10 months of imprisonment within the recommended range (from October to February 6) set forth in the sentencing guidelines and suspended its execution for a period of two years; and (d) there are no special circumstances or changes in circumstances that may change the sentence of the court below in the trial.

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