아동ㆍ청소년의성보호에관한법률위반(성매수등)
A defendant shall be punished by imprisonment with prison labor 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
1. On June 30, 2014, the Defendant: (a) paid KRW 50,00 to D (inn, 14 years of age) on a vehicle parked on the alley-dong mountain-dong, Busan; and (b) provided sexual intercourse, thereby purchasing the sex of a child or youth.
2. On July 2, 2014, the Defendant: (a) paid KRW 50,00 to D (n, 14 years of age) in an unmanned telecom where the trade name in the city of 18:00 is unknown; and (b) provided sexual intercourse, thereby purchasing a child or youth’s sex.
Summary of Evidence
1. Any statement made by the defendant in compliance with this Act;
1. Application of Acts and subordinate statutes that include statements made by assistant judicial police officers in D's statement fit for such statement;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on July 2, 2014, heavier penalty for concurrent crimes];
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) does not provide any data to deem that the crime of this case was committed in accordance with the Defendant’s distorted sexual consciousness; Article 4 years remaining after the date of the crime of the same kind; it is difficult to view that the crime of this case is habituality; Article 62 (1) of the same Act is at low risk
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. According to the records, the following facts can be acknowledged according to the reason for sentencing of Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
1. The Defendant proposed sexual traffic to the other party who became aware of a mobile phone hosting, and concluded a sexual relationship twice with the other party who responded to such proposal, and KRW 10,000.