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(영문) 서울남부지방법원 2017.07.06 2016노2235
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault against the defendant for 40 hours.

Reasons

1. The summary of the grounds for appeal in light of the fact that the crime of this case is extremely poor in the nature of the crime in light of the method and content of the crime, the fact that the defendant was subject to a protective disposition several times, and the physical and mental damage suffered by the victims is difficult to recover, etc., the sentence of the court below (six months of imprisonment) is too uneasible and unfair.

2. The crime of this case is very poor in that the defendant assisted the victims of 15 years of age who are physically and mentally disadvantaged through the information and communications network to become the counter-party to sexual purchase.

The above crime is still likely to undermine the sound sexual identity and values of victims who are merely children and juveniles, and it is highly harmful to the society, such as undermining the sound sexual identity and values, and continuously causing sexual traffic demand for juveniles, thereby undermining the sound sexual morals. Therefore, it is necessary to strictly punish them.

The Defendant committed the instant crime even though he/she was subject to a protective disposition and criminal punishment on several occasions.

On the other hand, the defendant recognized the crime of this case and divided it into depth.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, such as the circumstances favorable or unfavorable to the defendant, the age, family relationship, sex, career, environment, the circumstances after the crime, the crime of this case is in a relation of ex post facto concurrent crimes with the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Conduct, etc.) in the judgment of the court below, etc., the sentence of the court below is deemed to be unfair because it is uneasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the relevant column of the judgment below.

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