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(영문) 서울고등법원 2015.09.15 2015노1944
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (ten months of imprisonment) is too unreasonable.

Judgment

The crime of this case committed by the defendant with sexual self-determination right against a juvenile who is difficult to exercise his sexual self-determination right in order to meet his own sexual desire, and by inducing the above juvenile to flee without paying the price for sexual traffic, and thereby threatening the above juvenile to spread his body pictures and sexual traffic to his relative or school. Thus, the fact that the crime of this case is very poor is disadvantageous to the defendant.

On the other hand, the fact that the defendant led to the confession of the crime of this case and his mistake is divided, that there is no record of criminal punishment against the defendant, that the defendant seems not to actually implement the above intimidation, and that the defendant reached an agreement with the above youth, etc. are favorable to the defendant.

In addition, considering the above circumstances and the defendant's age, character and conduct, family environment, family relationship, and circumstances after the crime in this case as well as the sentencing conditions as shown in the argument in this case and the sentencing range of the Supreme Court's sentencing guidelines according to the sentencing guidelines established by the Sentencing Committee (the scope of recommendations) / The act of purchasing the sex of children and juveniles under the age of 19 / the basic area (10 to 2 years and 6 months) of the crime (the scope of recommendations) / [the scope of recommendations for violence] / The mitigated area (1 to 8 months) of the mitigated area (1 to / the mitigated area (1 to 10 months) of the crime committed by intimidation / [special mitigation] the mitigated area of the punishment (special mitigation) [the final sentencing scope of the punishment imposed by the court below for the defendant in October to 2, and the criteria for suspended execution according to the sentencing guidelines established by the Sentencing Committee.

Therefore, the defendant's above assertion is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

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