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(영문) 대전고등법원 2014.09.05 2014노221
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment (the first judgment of the court below: imprisonment with prison labor for 10 months and the second judgment of the court of the court below: imprisonment with prison labor for 4 months) of each court below on the defendant is too unreasonable.

B. The sentence imposed by the first instance court on the Defendant by the prosecutor (an unreasonable sentencing on the first instance judgment) is too uneasible and unreasonable.

2. The first judgment case and the second judgment case against the defendant were consolidated in the judgment of ex officio. Each of the above concurrent cases against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1)2 of the Criminal Act should be imposed.

Therefore, each judgment of the court below can no longer be maintained.

3. Accordingly, the court below's decision is reversed ex officio under Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and it is again decided as follows.

The facts constituting an offense and the summary of evidence are as shown in the corresponding column of the judgment below.

Application of Statutes

1. Article 10 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) (the purchase of sex on or around May 2012, 2013; hereinafter the same shall apply), Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the gender of November 1, 2013 and November 10, 2013); Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the sex of November 201, 201; hereinafter the same shall apply); Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the sex of November 20, 2013; hereinafter the same shall apply); and Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the solicitation of sexual traffic)

1. From among concurrent crimes, violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a sex purchase, etc.) due to sexual purchase from November 10, 2013, which is the largest penalty and criminal penalty;

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