아동ㆍ청소년의성보호에관한법률위반(성매수등)
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.
Punishment of the crime
1. On July 31, 2017, at around 23:40, the Defendant: (a) obtained from the Defendant’s residence in Namdong-gu Incheon Metropolitan City through the mobile phone-type “D”, a juvenile E (n, 13 years of age) and F (n, 14 years of age) who was aware of the Defendant’s sexual intercourse with E and E in cash in consideration of commercial sex acts; (b) had F enter the Defendant’s sexual organ as soon as possible, thereby engaging in similar sexual intercourse.
2. On August 2, 2017, at the places indicated in paragraph (1) around 22:30 on August 2, 2017, the Defendant: (a) provided 400,000 won in cash to E and F in consideration of sexual traffic; (b) provided E and once sexual intercourse; and (c) caused F to enter the Defendant’s sexual organ as soon as possible, thereby engaging in similar sexual intercourse.
3. On August 4, 2017, at the places indicated in paragraph (1) around 00:0, the Defendant: (a) provided 400,000 won in cash to E and F in consideration of sexual traffic; (b) provided E and once sexual intercourse; and (c) caused F to enter the Defendant’s sexual organ as soon as possible, thereby engaging in similar sexual intercourse.
Accordingly, the defendant had committed three times the act of purchasing the sex of the juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of each police statement protocol to E and F;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereafter collectively referred to as "compact") concerning the relevant criminal facts and the selection of punishment;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) committed on August 4, 2017, 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. 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 punishment by law: Imprisonment with prison labor for one year - 15 years;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) The act of purchasing sex of a child or juvenile in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [types] shall be the act of purchasing sex of a child or juvenile in sexual traffic crime under the age of 19;