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(영문) 의정부지방법원 2014.10.02 2014고합261

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. 피고인은 2014. 2. 초순경 불상지에서 피고인의 스마트폰을 이용하여 '즐톡'이라는 채팅어플리케이션에 접속한 후 위 ‘즐톡’의 메신저 기능을 통해 청소년인 C(여, 15세)에게 성관계 대가를 지급하기로 약속하고, 같은 날 22:00경 동두천시 D에 있는 ‘E’ 여관 앞에서 C을 만나 위 여관 303호로 함께 들어간 다음 C과 1회 성교하고 그 대가로 C에게 10만 원을 지급함으로써 청소년의 성을 사는 행위를 하였다.

2. At around 16:00 on March 16, 2014, the Defendant promised C to pay the price of sexual intercourse to C in the same manner as that set forth in the preceding paragraph, and caused C to be the above E inn, and paid C the price of sexual intercourse with C in the above female lake, and paid KRW 50,000 to C in return.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of C and F;

1. Requests for the provision of advanced data and response thereto;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to report internal investigation (specific suspicions and attachment of records on related cases);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of each sex purchase and the choice of imprisonment with labor) applicable to the relevant criminal facts and the choice of punishment;

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 the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse, which is heavier than the criminal sentence] among concurrent crimes;

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;

1. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for not less than six months to not more than seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Purchase of sex (decision of type), sexual traffic, persons under the age of 19 years, and sex of children and juveniles of category 1, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;