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(영문) 광주고등법원 (제주) 2015.04.29 2015노24
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. The 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 the same criminal record.

On the other hand, each of the crimes of this case is an unfavorable circumstance to the defendant, where each of the crimes of this case is committed by the defendant with harshly sexual intercourses with juveniles who are only her age to meet his/her own sexual desire, in light of the circumstances leading up to the crime and 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 background of the offense, methods of and consequences of the offense, and the recommended sentencing guidelines, it is not determined that the lower court’s punishment is too heavy or unreasonable as it is deemed that the Defendant’s punishment is too heavy.

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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