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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment, three years of suspended execution, etc.) is too unhued and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant, who is an adult, purchases the sex of a child, whose perception of sex has not yet been formed, not only would the child be harmed, but also have adverse effects on the settlement of the correct and sound sex culture in our society, and the defendant has a record of being punished three times for a single and a single sex purchase crime.
On the other hand, the fact that the defendant fully recognized the crime and is in depth divided into his mistake, and that the defendant is not in good health conditions such as receiving surgery with the captain cancer, etc., are favorable to the defendant.
In addition, if there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).
It does not appear.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.