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(영문) 부산지방법원 2018.02.02 2017고합512

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 2, 2017, the Defendant: (a) as a second-year student of a middle school around 23:00, the Defendant: (b) reported and contacted that he/she posted written comments on the terms and conditions of this Smartphone “D” to a child and juvenile C (the age of 14); (c) met the above C and Dong-friendly job-friendly E (nives); (d) together with Gel located in the Seo-gu Busan F, the Defendant had the child and juvenile sexual intercourse with the said juveniles, and had the child and juvenile sexual intercourse with the said juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Application of the Acts and subordinate statutes governing juvenile photographs;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on 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. Scope of punishment: Imprisonment with labor for up to five years;

2. The scope of the recommended punishment [the determination of the type] shall be the act of purchasing the sex of a child or juvenile under the age of 19 (the act of purchasing the sex of a child or juvenile) (the act of purchasing the sex of a child or juvenile) and the basic area of the recommended punishment [the scope of the recommended punishment]: Imprisonment with labor for a period from October to June.

3. The instant crime of sentencing is a purchase of sex of juveniles whose perception of sex has not yet been properly formed by the Defendant, an adult,

The crime of buying sex for juveniles not only infringes on the human rights of the relevant juveniles, but also has a serious adverse effect on the establishment of the proper and sound sexual culture in our society.

However, the Defendant recognized the crime of this case and reflected his mistake.

The defendant has no record of criminal punishment prior to the crime of this case.

In addition, the defendant's age, occupation, sex, environment, motive, means and result of the crime of this case, and the circumstances after the crime are committed.