아동ㆍ청소년의성보호에관한법률위반(성매수등)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
At around 00:10 on April 5, 2016, the Defendant: (a) provided the Defendant with accommodation to the foregoing E (one-year old, 12) that he/she became aware of through “D”, a smartphone 101, and that he/she provided the Defendant with accommodation to the said E that he/she does not have any place to go away in return for doing so; and (b) provided the Defendant with the purchase of the sex of a child or youth.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on internal affairs (Attachment to the contents of hosting photographs);
1. Application of Acts and subordinate statutes to a criminal investigation report (attached to a gene appraisal report, such as sexual assault emergencies;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;
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 (Discretionary Reasons for Discretionary Mitigation);
1. Where the judgment of this case becomes final and conclusive, the Defendant is 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 thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on the Protection of Children and Juveniles against Sexual Abuse.
On the other hand, the disclosure order does not constitute the subject of disclosure order under the subparagraphs of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Article 49 (1) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who has committed a sex offense against a child or juvenile under the age of 13 shall be subject to disclosure orders against "a person who is deemed likely to recommit a sex offense against a child or juvenile under the age of 13".
The crime of this case is committed against a child or juvenile who is 12 years of age, but ① the defendant commits the crime of this case in a contingent and multiple manner.