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(영문) 광주지방법원 2016.11.16 2016노1436
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of five million won and the order to complete a sexual assault treatment program 40 hours) declared by the court below is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant purchased the sex of a juvenile and driven under the influence of alcohol, and the quality of the crime is not good.

On the other hand, it is advantageous to the following: (a) the Defendant’s mistake was properly recognized and reflected by the Defendant; (b) the Defendant was an initial offender without any previous conviction; (c) the Defendant was not punished against the Defendant by agreement with the sexual traffic juveniles; (d) the Defendant’s blood alcohol concentration (0.07%) was not high at the time of the instant case; and (e) the Defendant’s driving distance (5m) was short.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, since it is clear that "violations" of the three-dimensional seven parallels of the original judgment has been written by mistake, it shall be corrected to delete it (Article 25 (1) of the Criminal Procedure Rule).

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