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(영문) 서울고등법원 2020.11.06 2020노1453
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of suspended execution, etc.) is too unreasonable.

Judgment

A. The sentence of unfair sentencing refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In light of the favorable circumstances of the Defendant, the lower court: (a) took into account the following factors: (b) the Defendant’s mistake was divided into one another, and (c) the Defendant was the first offender who has no criminal history; and (d) the Defendant, under unfavorable circumstances, has the social responsibility to protect children and juveniles so that they can have a sound sexual morality; and (e) even though there was a social obligation to lead them to a correct way, the Defendant purchased the sex of a juvenile whose perception of sex has not been completely established to resolve his/her sexual desire, and subsequently, sentenced the Defendant to a suspended sentence of two years for a period of ten years, by taking into account various sentencing conditions.

Examining the reasoning of the lower court’s sentencing in light of the record, the lower court’s sentencing conditions are as follows: (a) the aforementioned various normal relationship and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime were committed.

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