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(영문) 서울고등법원 2019.05.10 2019노147
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the fine of KRW 30,000,000) imposed on the defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant is too uncomfortable.

2. The Defendant committed an act of buying sex against multiple juveniles. The Defendant, by promoting sexual acts for the purpose of money and other valuables, had the juveniles who are likely to fall into monetary suspicion to have them engage in serious harm to the sound growth of the juveniles whose sexual identity and values are not sufficiently established, and committed an act of infringing on the important public interest such as protecting the sexual identity and values of the juveniles, and committed assault, such as harming the victims E and leaving their head on the floor.

Nevertheless, the defendant did not know whether the other party to the act of purchasing sex was a juvenile or not, and made a vindication that could not be understood.

Therefore, in light of the seriousness of each of the crimes in this case and the nature of each of the crimes in this case, punishment corresponding to the criminal liability is necessary.

On the other hand, however, the defendant has recognized all of his criminal acts in this court, repented and opposed to his mistake.

There is no record of criminal punishment against the defendant, and the defendant did not limit the sex to sexual intercourse or similar intercourse with the other party to the act of calculating sex, and the crime is relatively minor compared to the same kind of crime.

In full view of all the above circumstances such as the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character, behavior, career, and environment as shown in the pleadings of the instant case, it is deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. Accordingly, the defendant's appeal is justified.

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