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(영문) 대전지방법원 2017.02.15 2016노3367
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-month imprisonment and an order to complete a sexual assault treatment program 40 hours) of the lower court is too heavy or unreasonable.

2. Determination is recognized as favorable circumstances such as the Defendant committed the instant crime with the Defendant’s residence in the same place as the victim, committed all the instant crime, committed the crime, and the Defendant’s primary offender with no record of criminal punishment.

However, it seems that the victim has been able to arrange sexual traffic, and the benefit from the above crime is very large; the victim committed the crime of this case against the minor person; the victim used the money received from the sexual purchaser as a considerable part of the cost of living; and the victim was living together with the same.

C If the defendant is informed of his/her sex purchaser in physical color, the defendant himself/herself informed the victim of the target, place, etc. of sexual traffic, and committed the crime systematically and systematically, and the degree of damage seems to be very significant due to the continuous sexual traffic, such as the victim's eventually coming to face a sexual disease, and the victim submitted a written application seeking the Defendant's wife, but it is difficult to regard it as the victim's genuine will.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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