아동ㆍ청소년의성보호에관한법률위반(강간등)
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 this judgment becomes final and conclusive.
Punishment of the crime
Attached Form 2 is as stated in the “preliminary facts charged.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C, D, and E;
1. Application of field photographs, vehicle photographs statutes;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Six months to five years from the date of imprisonment with prison labor for a prison labor in law; and
2. The scope of recommendations on the sentencing criteria (the determination of types of recommendations) shall be limited to the basic area (the determination of the recommended area] of types 1 (the act of purchasing the sex of children or juveniles) (the act of purchasing the sex of children or juveniles). The basic area (the scope of recommendations) shall be limited to 10 months to 2 years and 3 months.
3. The decision of the sentence of this case (hereinafter referred to as the "guilty sentencing person") shows that the criminal defendant's age, character and behavior, environment, method and form of the crime, motive and background leading up to the crime, circumstance leading up to the crime, etc. in the oral argument of this case including the following: (a) deposit of five million won for the recovery of damage; (b) there is no criminal record of the same kind of criminal record or suspended execution; and (c) the defendant's social relation is clear. [In conclusion, the crime of this case is the purchase of sex of a juvenile because the defendant, who is an adult, lacks the ability to judge the right to sexual self-determination; and (d) the nature of the crime is poor.
The defendant who has registered personal information shall be punished by the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.