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(영문) 서울서부지방법원 2015.11.18 2015고합255

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 15, 2015, at around 19:00, the Defendant exceeded the clothes of “Dmoto” 708 of “Dmoto” located in Mapo-gu Seoul Metropolitan Government Mapo-gu, and 17 years old, took off the clothes of “Dmoto” (hereinafter referred to as “Dmoto”), and 2.50,000 won in cash, in return for the said act.

As a result, the defendant committed the act of purchasing sex of E, which is a juvenile.

2. On July 19, 2015, at around 18:00, the Defendant engaged in similar sexual intercourse, such as allowing the above E to enter the Defendant’s sexual organ, etc. at the 3 influorial room of “G hotel” located in Kimpo-si F, Kimpo-si, and provided one hundred thousand won in cash in return for the act of sexual intercourse.

As a result, the defendant committed the act of purchasing sex of E, which is a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificates of students;

1. Application of the CCTV Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Where a conviction becomes final and conclusive for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sex offense subject to registration of personal information under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the obligation to submit personal information to

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) Purchasing sex of a child or juvenile of a type 1 in selling sex of a child or juvenile who is under the age of 19 years, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;