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(영문) 대구지방법원 2017.05.12 2017고합78

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

Reasons

Punishment of the crime

On January 8, 2017, the Defendant sent 150,000 won in cash to the F, and paid 1/50,000 won in cash and 1/100 of tobacco to the Maurel’s non-merchants located in Daegu-gu, Seogu. D.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. F photograph;

1. Application of Acts and subordinate statutes on mobile phone conversations;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction against a defendant who has registered personal information 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 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. Six months to five years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law; and

2. The scope of the recommended punishment according to the sentencing criteria (the type of determination) - The sexual traffic crime group.

2. Commercial sex acts subject to the age of 19;

(a) purchase of sex of a child or youth from Type 1 [no person subject to special sentencing] - [the scope of decisions and recommendations in the sphere of recommendations] - Basic area, 10 months to 2 years and 6 months;

3. The crime of this case, which was determined to be sentenced, is that the defendant paid the child or juvenile who was over thirteen years of age and provided sexual intercourse, and whose liability for the crime is not minor in light of the circumstances, contents, etc. of the crime;

However, the fact that the defendant recognized his mistake and reflects his depth, and that the defendant does not have the same criminal record is favorable to the defendant.

In addition, the defendant's age, sex, environment, family relationship, and circumstances of the crime.