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(영문) 서울고등법원 2017.08.25 2017노1803
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

The defendant has 40 hours' sex purchasers.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10,00,000 won, 100,000 won per day converted into one,00,000 won, 40 hours after completing the program to prevent recidivism of sexual buyers, and 40 hours after completing the program to prevent recidivism of sexual buyers), is too unreasonable.

2. The instant crime is likely to be criticized in that the Defendant, who is an adult, has purchased the sex of a child or juvenile whose perception of sex has not yet been formed, not only infringes on the human rights of the relevant child or juvenile, but also has a serious adverse effect on the settlement of the correct and sound sex culture in our society.

subsection (b) of this section.

However, the Defendant is a primary offender with no record of committing any crime, and his depth and reflects in the confession of all of the instant crimes. The instant crime appears to have been committed contingent upon the Defendant, who was a university student, experienced a fire with a female who was satisfing with the military entrance, and the Defendant appears to have committed contingent crimes. In addition, taking into account various circumstances, such as the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the relevant criminal facts and the selective punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Penalty fine of 10,000,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (one day) of the Criminal Act to attract a workhouse;

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