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(영문) 창원지방법원 2014.06.19 2014노185
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years of suspended execution in eight months of imprisonment and forty hours of order to attend sexual assault treatment lectures) is too uneased.

2. The circumstances favorable to the defendant are that the defendant led to confession and reflects the crime of this case, and that there is a family member to support.

On the other hand, however, the crime of this case is committed by the defendant's sexual purchase against his child and has a bad influence on the formation of sexual values of the child or juvenile subject to purchase; the sex offense against the child or juvenile is strictly punished in light of social harm; the age of the target child or juvenile is only 12 years old; the defendant committed the crime of this case by inducing the target child or juvenile while "she gets employed in the news report employing a minor" on July 22, 2005, even though he had the record of punishment for the violation of the Act on the Protection of Juveniles from Sexual Abuse at the Changwon District Court on July 22, 2005, the defendant committed the crime of this case by inducing the target child or juvenile; and other various circumstances such as the defendant's age, character, character, intelligence, environment, motive, means, means, method, and consequence of the crime, and the circumstances before and after the crime, the prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10582, Apr. 12, 201; hereinafter the same shall apply) that provides relevant legal provisions and the choice of punishment for committing a crime;

2. Article 62 of the Criminal Act:

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