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(영문) 서울고등법원 2018.12.20 2018노2428
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, etc.) is too unreasonable.

2. The crime of this case where the defendant had engaged in 4 occasions of selling sex to 2 juveniles is not good, and the defendant committed the crime described in paragraph 2 while being tried due to the crime stated in paragraph 1 of the crime, and the crime of this case seems to have affected the sound sexual consciousness development of the juveniles, etc. are disadvantageous to the defendant.

At the trial of a party, the defendant agreed with the juvenile L, who has engaged in sexual traffic three times, and in L, wanting the defendant's wife in the L side (the defendant sought a letter to the juvenile J, who has engaged in sexual traffic once, but it was not known that it was impossible to reach an agreement). The defendant recognized the crime and seriously reflects his/her mistake, and the defendant continued to receive counseling and undergo treatment related to this case from a psychiatrist, and the defendant has no criminal record of the same kind and imprisonment, etc., which are favorable to the defendant.

In addition to these circumstances, in full view of various factors revealed in the trial of this case, including the Defendant’s age, sex, career, environment, family relationship, and the background and result of the instant crime, the sentence of imprisonment with prison labor sentenced by the court below was too unfair since it was committed in the appellate trial.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;

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