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(영문) 수원지방법원 성남지원 2020.04.02 2019고합226

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

At around 04:05 on March 31, 2019, the Defendant inserted the Defendant’s sexual organ into the victim’s sound book, on the condition that the victim C (the 15-year-old age) did not repay the remitted amount of KRW 200,000,000, which was remitted by the Defendant at the Gwangju Metropolitan City Bel.

As a result, the defendant was committing the act of purchasing the sex of the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Records of seizure and the list of seizure;

1. On-site CCTV photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a copy of bankbook forwarded from a suspect);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant cannot be deemed to be subject to disclosure obligation under Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant cannot be deemed to be subject to disclosure order under Article 50(1) premised on the premise that he/she constitutes a person subject to disclosure obligation (see, e.g., Supreme Court Decision 2015No3, Jun. 23, 2016); and the Defendant is not subject to disclosure and notification order against the Defendant.

Reasons for sentencing

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommendation types according to the sentencing criteria (the determination of types) shall be limited to the sexual traffic crimes subject to the age of 19;

A. The purchase of sex from a child or youth [Type 1] shall be based on the basic area of the purchase of sex from a child or youth [the scope of the recommendation area and the recommendation form], the imprisonment with labor for October to February 6 [the scope of the recommendation form revised according to the punishment form], and one to two years, respectively.