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(영문) 서울서부지방법원 2012.11.15 2012노1113
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The seized evidence No. 1 (one mobile phone) shall be used.

Reasons

1. The main point of the grounds for appeal by the defendant is that the punishment imposed by the court below for the defendant is unreasonable.

2. In light of the circumstance, method, frequency, etc. of the crime, the Defendant committed several offenses against children or juveniles who lack the ability to judge by admitting mental or physical aestheticly, and prepared a cellular phone to this end, and introduced other friendships to juveniles who are the other party to the purchase.

However, in full view of the fact that the defendant has mistakenly recognized and reflected in depth, there are no criminal records of the same kind and the suspension of execution except for the two-time fines, and other circumstances such as the family relationship, economic circumstances, and the circumstances after the crime, the sentence of the court below is somewhat inappropriate.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 10 (1) (O) of the Act on the Protection of Children and Juveniles against Sexual Abuse: Article 21 (1) (or (2) of the Act on the Punishment of Acts of Arranging Sexual Traffic) of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where this judgment becomes final and conclusive to submit personal information under Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and shall be obliged to submit personal information to the competent police station pursuant to Article 34

(b).

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