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(영문) 서울고등법원 2018.06.08 2018노386
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the summary of the grounds for appeal (the fines of KRW 10 million for each of the Defendants) is too uneased and unreasonable.

2. On the other hand, the lower court determined the sentence by comprehensively taking into account the following factors: (i) the Defendants’ act of committing the instant crime is to purchase the sex of juveniles whose perception of sex is not completely established; (ii) the Defendant’s act of buying sex is highly likely to have a serious adverse effect on the establishment of a sound sexual culture in our society, (iii) the circumstances favorable to the Defendants, (iv) the Defendants, such as the fact that the Defendants are both aware of the instant crime, and the fact that there is no record of criminal punishment, in addition to the punishment imposed for the instant crime; and (iii) other factors of sentencing, including the Defendants’ age, sex behavior, family relationship, motive and circumstance of the crime, and the circumstances after the crime.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and considering the various circumstances as seen earlier and all the sentencing factors indicated in the argument of this case, it does not seem unfair since the sentence imposed by the court below is too unfasible.

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 as it is without merit. It is so decided as per Disposition.

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