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(영문) 대구지방법원 서부지원 2017.01.12 2016고합200

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

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 July 12, 2016, the Defendant: (a) provided 40,00 won in cash to D (n, 17 years of age) who are juveniles at the home of the Defendant’s apartment in Daegu-si, Daegu-si, 303:0, and 302; (b) provided 10,000 won in cash to D at the same place as paragraph (1) around July 28, 2016; (c) provided 10,00 won in cash to D at the same time as paragraph (1); and (d) provided 72:0 won in cash at the same place as paragraph (1) on August 5, 2016 at the same time as that of paragraph (1).

As a result, the defendant had engaged in buying sex of children and juveniles three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Juvenile card;

1. Application of the Acts and subordinate statutes concerning the closure of the contents of conversation;

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. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) committed on August 5, 2016, the largest penalty for concurrent crimes];

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. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same

Reasons for sentencing

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. Scope of punishment recommended;

(a) No person has the basic area (from October to February 6) (no person subject to special sentencing) of any crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse / [the scope of punishment for recommendations] of any sex trafficking crime subject to the age of 19;

(b) multiple crimes;