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(영문) 제주지방법원 2015.12.10 2015고합67

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2014, at Seopopopopo City around 17:00, the Defendant: (a) made a hosting room, “C” through smartphone c; (b) was introduced to D as age 17; (c) was offered to D as age 17; and (d) responded to D’s response as “10; (d) was accepted by the Defendant; and (e) got D’s response to D’s response to D’s response; and (e) got D’s response to F hotel in Seopo City E around that time.

The Defendant got D into the Defendant’s vehicle, and asked D with the answer of “Ne and Pari” from D, “Ne and Pari”, and paid KRW 150,000 in cash in consideration of D and D’ in a room in which it is impossible to find out the heading room of “H unmanned telecom” located in G at Jeju.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on report on internal investigation (D relative telephone communications);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where the registration of personal information and the obligation to submit such information to the accused under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The basic area ( October to June) of the types of sexual traffic crimes subject to the age of 19 (the scope of recommendations) shall be the basic area (the act of purchasing the sex of children and juveniles).