Text
The prosecutor's appeal is dismissed.
Reasons
In light of the main sentence conditions in this case, the sentence imposed by the court below on the defendant and the claimant for observation and order of protection (hereinafter referred to as "defendant") (hereinafter referred to as "defendants") in light of the main sentence conditions in this case is unfair because it is too uneasible to take lectures of the prevention of sexual traffic for 10 months, 2 years of suspended execution, and 40 hours).
Although the defendant in the part of the claim for an order to observe the protection was likely to recommit a sex offense against a child or juvenile, it is unreasonable for the court below to dismiss the claim for an order to observe the protection
Judgment
Examining the various sentencing conditions in the part of this case of the defendant, the crime of this case was committed by the defendant with the money given to the female children and juveniles under 16 years of age who had come through the crypt application, and sexual intercourse was committed by sexual intercourse. In light of the motive, method and age of the crime, the age of the above child and juveniles and the relationship with the defendant, etc., the defendant's act is not less than that of the crime. The defendant's act is not only violation of the human rights of children and juveniles whose sexual awareness was not formed properly, but also has an adverse effect on the settlement of sound sexual culture in our society, so it is necessary to strictly punish the defendant. The defendant was committed by the Daegu District Court on March 2, 2007 at the Daegu District Court, which had been sentenced to a fine of 2 million won for the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse, but also led to the crime of this case of this case.
On the other hand, when the defendant was in the first instance, the defendant shows the perception and reflect of the crime of this case, it appears that he did not use violence or intimidation, etc. to children and juveniles in the course of sexual traffic, and two married children and juveniles who must support without the wife are favorable to the defendant.
As above, this case’s sentencing factors favorable to or unfavorable to the Defendant, including the Defendant’s age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, circumstances before and after the crime, etc.