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(영문) 수원지방법원 안산지원 2018.04.20 2018고합49

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant had engaged in buying sex of a child or juvenile twice through the following two times.

1. On October 15, 2017, the Defendant paid KRW 100,00 to juvenile E (n, 16 years of age) who became aware of through “D” in his/her house located in Ansan-si, Ansan-si, 04:00, and 102, and engaged in sexual intercourse once by paying KRW 10,00 to them.

2. On October 15, 2017, the Defendant paid KRW 50,00 to F (n, 16 years of age) who became aware of the aforementioned methods at his/her home on October 15, 2017, and engaged in sexual intercourse once by paying KRW 50,00 to F (n, 16 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the G-related Acts and subordinate statutes to a suspect who was stored in a smartphone of the victim F;

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

1. Aggravation of concurrent crimes by concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes by concurrent crimes against a child or juvenile who violates the Act on the Protection of Sexual Abuse against Children and Juveniles against heavy F];

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

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. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of sexual traffic crimes].

2. Commercial sex acts subject to the age of 19;

(a) Neither the act of purchasing the sex of a child or youth [the scope of a recommendation] [the scope of a recommendation] is a basic sphere; imprisonment with labor for 10 months to 2 years [the scope of a revised recommendation]; imprisonment with labor for one year to 2 years and 6 months (the lowest limit of a punishment by law applicable)

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the crime of this case was purchased twice by a juvenile who is an adult, whose perception and values have not yet been formed properly, and such a crime was committed not only by the juvenile but also by us.