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(영문) 대구지방법원 2014.09.26 2014고합348

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

피고인은 2014. 6. 30. 06:00경 대구 북구 C, 702동 501호에 있는 피고인의 집에서, 스마트폰 채팅 어플인 ‘즐톡’에서 만난 만 13세의 청소년인 D에게 7만원을 주고, 그녀로 하여금 피고인의 성기를 애무하도록 함으로써 성매매를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal death (the attachment of photographs and the arrest of a person);

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 consideration shall be made again for the reason of 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: Imprisonment for six months to five years;

2. The scope of recommendations on the sentencing guidelines [decision of types] the scope of recommendations on the sentencing guidelines: Type 1 (the act of purchasing the sex of children or juveniles) (the scope of decisions and recommendations on the recommendation field], the basic area of imprisonment with labor for 10 months to 2 years [the general person] - the mitigated element: the serious reflectivity and the absence of criminal punishment [the suspension of execution of punishment] - The main reasons for writing are positive (no criminal punishment force): positive (no criminal punishment has any criminal record for the same kind of punishment, no criminal record for the suspension of execution, clear social relation, and serious reflects);

3. Determination of sentence: In light of the legislative intent of Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which intends to specially protect the sex of a child or juvenile who is not able to exercise the right to sexual self-determination, it is necessary to punish the defendant solemnly.

However, there is no defendant.