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(영문) 광주고등법원 (제주) 2015.04.08 2014노144
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment and 80 hours of order to complete a sexual traffic treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case and reflected, and that the defendant did not have any same criminal record and has no criminal record of suspended execution or more, etc.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, where each of the crimes of this case was committed by the defendant with sexual intercourses several times by treating juveniles who are only young age with money to meet his own sexual desire, and the crime is not very good in light of the circumstances leading up to the crime, the attitude of the act, etc.

In addition, in full view of the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances of the crime, methods of and consequences of the crime, etc., and the recommended range of sentencing guidelines established by the Supreme Court sentencing committee, it is not determined that the court below's sentence against the defendant is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

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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