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(영문) 서울고등법원 2020.11.06 2020노1468
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one hundred months of imprisonment, two years of suspended execution, etc.) is too uneased and unfair.

2. Determination

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 favorable circumstances against the Defendant; (c) the first offender who has no previous penal power; (d) the Defendant paid a considerable amount of money to the Defendant; and (e) agreed with the child subject to sexual traffic; and (e) the Defendant’s child was purchased by promising the Defendant to provide money to the child under the age of 12 (12) that he/she became aware of through the crypting process; and (e) the Defendant’s child was purchased in return for promising the Defendant to provide money to the child under the age of 12 (12) that he/she acquired; and (b) this may have a high possibility of criticism in that it may have a serious harm to the sound growth of children and juveniles whose sexual identity and values have not been established

Examining the reasoning of the lower court’s sentencing in light of the records, the lower court’s sentencing is identical to the aforementioned various normal relationships.

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