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(영문) 광주지방법원 2017.03.17 2017고합12

아동ㆍ청소년의성보호에관한법률위반(성매수등)

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A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

1. On August 16, 2016, the Defendant committed a crime of around August 16, 2016, committed a promise to pay KRW 50,000 to juveniles C (n, 14 years of age) and 50,000,000 to pay them through a smartphone hosting display, around 16:56, August 16, 2016.

Accordingly, the defendant met C and juvenile F (the age of 15) at the string room located in the Ecom 2 floor in Gwangju-si, Gwangju-si, Gwangju-si, 17:30 on the same day, but he met C and C in the bend unit, and C met with the Defendant's sexual organ's hand or entered it as soon as possible, and was on the side.

The F exceeded the clothes of F and delivered 50,000 won in return for the act of sexual intercourse, one time after having near the F.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

2. On August 19, 2016, the Defendant committed the crime of around August 19, 2016: (a) paid KRW 10,000 to the C/F and promised to engage in a similar sexual intercourse through smartphone-recording display around 19:40 on August 18, 2016.

On the following day, around 04:00, the Defendant met Hel 220 from G in Gwangju-si, Gwangju-si, and met C and F, and met C by enjoying c and sexual intercourses one time, and issued KRW 100,000 in compensation therefor.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Investigation report (the result of analysis of digital evidence from mobile phones);

1. Application of Acts and subordinate statutes to juveniles’ photographs;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the relevant provision of the Act concerning criminal facts is applicable;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes against a person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (including the purchase, etc. of sex) on August 19, 2016 against the largest F];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The application of the sentencing criteria.