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(영문) 서울북부지방법원 2014.06.25 2014고단326

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

On August 24, 2013, at around 17:00, the Defendant demanded sexual relations with the victim E (the age of 17 and female) (the age of 17) who intends to return home after completing a movement within the Seoul Western-gu Seoul Metropolitan Government C to buy drinking water, and recommended the juvenile to sell sex to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F;

1. Application of the video CD-related Acts and subordinate statutes;

1. Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

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

1. The reason for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse is that the Defendant denies, did not oppose, and did not agree with, the victim.

On the other hand, a suspended sentence shall be imposed and the sentence shall be determined as ordered by the court in consideration of the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, circumstances after the crime, etc.

Where a conviction of a defendant against a crime subject to registration becomes final and conclusive with respect to a sex offense subject to registration, the defendant is a person subject to registration of personal information pursuant to 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 relevant agency

An order to disclose or notify the registered information exempted from disclosure or notification order needs to be careful in that it may have a significant impact on the defendant, and in this case, it is determined that there are special circumstances such as that the registration of personal information alone appears to have an effect to prevent recidivism of the defendant and that the disclosure of personal information is prohibited. Thus, an order to disclose or notify the registered information is not issued.