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(영문) 서울고등법원 2018.05.29 2018노535
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 20 million, and order to complete a program to prevent recidivism for 40 hours) is too unreasonable.

2. The Defendant purchased a sex by giving money to female juveniles at 17 years of age who are 17 years of age and by using a sexual intercourse or similar behavior.

In a single opportunity, the act of sexual intercourse or similarity was several times, and the method was somewhat different.

After the purchase of sex, the other party's money was stolen.

Each of the crimes of this case is not suitable in light of the circumstances, contents, and methods of the above crimes.

In particular, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) is likely to be criticized in that it has a serious adverse effect on the settlement of the correct and sound sexual culture in our society as well as the health growth of the counterpart juveniles.

Such circumstances are disadvantageous to the defendant.

However, the defendant recognized the whole crime and reflects it, and the mother of the defendant also prepared an agreement and submitted it to the court of original judgment by receiving a written agreement from the legal representative of the counterpart juvenile to seek preference against the defendant.

There is no history of crime except once the suspension of indictment, and the record of the suspension of indictment is not due to sex crimes.

The other juvenile first puts a letter expressing his/her intention to engage in sexual traffic in the rink, and the defendant contacted the other juvenile to commit sexual traffic, and the defendant did not actively induce the other juvenile.

These circumstances are favorable to the defendant.

In full view of the following circumstances, the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, as well as all the conditions of sentencing indicated in the instant pleadings, including the circumstances after the crime.

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