logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.03.26 2018노3267
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (unfair imprisonment with prison labor for 10 months) is too unreasonable.

B. The lower court’s sentence is too uneasible, which is unreasonable.

2. The Defendant: (a) by deceiving three female juveniles in physical color through a smartphone hosting display, had no intent or ability to pay the price for sexual conduct, and had had the intent to purchase sex by deceiving them as if they were to pay the price for sexual conduct; (b) recommended them to sell sex by being paid the price for the amount equivalent to the amount that was not paid earlier; (c) furthermore, if the Defendant did not comply with the Defendant’s request for sexual conduct, the Defendant threatened them to spread images taken at the time of the previous sexual conduct.

The method of sexual intercourse was also changed.

Each of the crimes of this case is very bad in light of the relationship between the defendant and the victims, the age of victims, the details, and the means of the crime.

The victims seem to have suffered severe mental pain due to each of the crimes of this case, as well as creating personality, including sexual identity and values in the future, seems to have a considerable negative impact.

One of the victims did harm due to the above mental distress.

Such circumstances are disadvantageous to the defendant.

On the other hand, the Defendant is against the recognition of each of the crimes in this case, and there is a lot of room for improving the character and behavior as the students of the 20th primary school who have no criminal record.

These circumstances are favorable to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable that the appellate court respects the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Such circumstances are as follows.

arrow