beta
(영문) 서울남부지방법원 2017.03.31 2016고합570

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 2015, the Defendant provided the price of KRW 200,000 to juvenile E (nive, age 14) (nive, age 14) who became aware of through mobile phone hosting for the purpose of engaging in sexual traffic, and provided the aforementioned E with sexual intercourse once, thereby purchasing the sex of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on internal investigation (specific suspect);

1. Requests for provision of communications data and the application of replies statutes;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

2. Scope of the recommended punishment according to the sentencing guidelines: One year to two years and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range under the law, and thus the minimum limit of the applicable sentencing range under the law is lower than the minimum limit of the applicable sentencing range under the law), which is the act of purchasing the sex of children and juveniles from the sexual traffic crime under the age of 19) [the territory and the scope of the recommended punishment]; the basic area of the punishment (the scope of the recommended punishment and the scope of the recommended punishment]; the imprisonment from October to June 2; and the imprisonment from one year to two years (the minimum of the applicable sentencing range recommended by the sentencing guidelines is lower than the minimum of the applicable sentencing range under the law).

3. Determination of sentence: One year of imprisonment, three years of suspended sentence, and three years of suspended sentence, which are disadvantageous to the defendant, the crime of this case is not likely to be committed by the defendant, who has a social responsibility to protect juveniles under the age of 19, to form a sound sexual morality concept, and to draw up a correct way, for the purpose of eliminating his/her sexual desire. In addition, the crime of this case is significantly adverse to the formation of the sound sexual identity and values of juveniles.