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(영문) 대법원 2014.08.20 2014도3390
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

All part of the judgment of the court below and the judgment of the court of first instance against the defendant shall be reversed.

Defendant 2,000,000 won.

Reasons

1. Examining the reasoning of the lower judgment on the grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the facts charged in this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by violating the logical and empirical rules

2. Ex officio determination

(a) In case where a formal trial is demanded by the defendant against the summary order, no penalty heavier than that imposed by the summary order shall be pronounced;

(Article 457-2 of the Criminal Procedure Act). Determination as to whether a sentence has been changed disadvantageous to a defendant should be based on the severity of punishment under the Criminal Act, but it should not be considered individually and formally, rather than considering the degree of punishment under the Criminal Act.

(see, e.g., Supreme Court Decision 2009Do12967, Feb. 11, 2010). B.

According to the records, the crime of this case was committed by the defendant as the defendant had committed the act of purchasing the sex of the juvenile, and when a summary order of KRW 2 million was issued to the defendant, the defendant applied for formal trial. The first instance court sentenced the defendant to a fine of KRW 2 million identical to the summary order, and applied Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, ordered the defendant to complete the sexual assault treatment program for 20 hours, and appealed by the defendant.

The court below reversed ex officio the judgment of the court of first instance on the ground that there is a misapprehension of the legal principle on the part of the judgment of the court of first instance which the defendant judged as a person subject to registration of personal information, and sentenced a fine of two million won in the same manner as the judgment of the court of first instance, and ordered the defendant to complete

C. Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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