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(영문) 창원지방법원 통영지원 2014.12.11 2014고합126

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2014. 2. 28. 22:00경 통영시 C 소재 D모텔 내 호실을 알 수 없는 객실에서 스마트폰 어플 ‘즐톡’에서 채팅을 통해 알게 된 청소년인 E(여, 13세)에게 15만 원을 지급하기로 하고 1회 성교하여, 청소년의 성을 사는 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on occurrence (Violation of the Act on the Protection of Juveniles against Sexual Abuse), application of suspect A photograph, and photograph of settlement details of fisheries cards;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction of a defendant who has registered personal information of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is finalized, the defendant is a person subject to registration of personal information of the case under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The scope of recommendations on the sentencing guidelines shall be [decision of types] the range of recommendations on the sentencing guidelines: the sexual traffic crime group; the sexual traffic crime subject to the age of 19; the purchase of sex of children and juveniles; and the basic area of Type 1 (Recommending the sex of children and juveniles): Imprisonment with prison labor for October - for February 10 and June 2 (general mitigation).

3. Whether or not to suspend the execution (general pride) a person who has no criminal record for the same kind of offense, and a serious reflect.

4. The decision of sentence [the Prosecutor's Opinion] 20 million won [Judgment] 6 months of imprisonment, and 1 year of suspended sentence, the juvenile's age, who is the other party to sexual purchase, was very 13 years of age at the time of committing the instant crime, and the right to sexual self-determination can be exercised yet.