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(영문) 춘천지방법원 2014.05.20 2014고단34

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On June 15, 2013, at around 21:00, the Defendant made a sex relationship with D(the age of 16) one time with D(the age of 16) at a cirst room located in Chuncheon-si B, Chuncheon-si, and continued to do so at around 07:00 on the following day, 30,000 won was given to D for comparison.

Accordingly, the defendant purchased the sex of the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of D (second time);

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012);

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

1. If the judgment becomes final and conclusive, the Defendant is obligated to submit personal information to the head of the competent police agency pursuant to Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Sep. 15, 201); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); thus, the Defendant is a person subject to registration of personal information under Article 5(1) and 43 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11572, Dec. 18, 2012).

Even though the defendant had been sentenced to a suspended sentence of imprisonment due to the crime of injury resulting from rape, the principal aggravated factors are that the defendant committed the crime of this case against the juvenile, and the punishment should be determined and sentenced as ordered in consideration of all the circumstances shown in the proceedings of the pleading of this case.