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(영문) 서울고등법원 2016.10.20 2016노2320
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unhued.

2. The crime of this case in which the defendant provided consideration to juveniles who are merely 17 years of age, and sexual intercourse is not good.

Although the Defendant had been subject to criminal punishment (including a fine of five million won) by the act of arranging sexual traffic, he/she again committed the instant crime.

However, the Defendant recognized the crime of this case and reflected his mistake.

Defendant has no criminal records of suspended execution or more.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the court below is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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