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(영문) 서울고등법원 2020.04.03 2019노2813
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (four months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. The fact that the Defendant recognized the instant crime and received a continuous mental and medical treatment, etc., thereby making efforts to prevent recidivism is favorable to the Defendant.

However, the crime of this case is that an adult defendant purchased the sex of a child or juvenile who is 13 years of age, and such defendant's act causes children and juveniles who are vulnerable to monetary suspicion to engage in sexual traffic, thereby hindering the growth of children and juveniles whose sexual identity and values are not sufficiently established, and causing harm to the sound sexual culture of our society, etc.

Furthermore, the Defendant was sentenced to punishment for sexual assault against children and juveniles, and the Defendant was under way to commit sexual assault against other children and juveniles during the period of repeated crime, and even though he was tried to commit sexual assault against other children and juveniles, the Defendant’s liability is more heavy in that he/she committed the instant crime without being aware of it.

In full view of these circumstances and the various sentencing conditions stipulated in Article 51 of the Criminal Act, even if considering equity with the case at the same time with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, the lower court’s sentence is too unreasonable, and thus, does not accept the Defendant’s assertion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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