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(영문) 서울고등법원 2017.06.15 2017노479
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant is the primary offender.

However, the crime of this case is committed by the defendant's act of purchasing the sex of K, which is a child, and the nature of the crime is not good, the circumstance of the purchase of the sex of this case, the age of K, and the statutory punishment for the crime of violation of the Act on the Protection of Juveniles from Sexual Abuse (i.e., purchase of sex), is a fine of not less than one year but not more than ten years, or a fine of not less than 20 million won but not more than 50 million won, and the court below sentenced to a fine of not less than 10 million won, which is the lowest fine, after selecting a fine and reducing the amount of amount, and taking into account the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too too unreasonable. Thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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