아동ㆍ청소년의성보호에관한법률위반(성매수등)
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall order the completion of a program for the prevention of sexual traffic for 80 hours.
Punishment of the crime
On September 28, 2015, the Defendant: (a) around 11:30 on September 28, 2015, in the Defendant’s low-speed passenger car parked in a non-permanent location of the Dong-Eup, Macheon-si (hereinafter referred to as the “Sacheon-si”); (b) paid KRW 200,000 to D (V, 13 years old); and (c) purchased the sex of juveniles by having a single sexual relationship with the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to report on investigation (Attachment of E details sent and received between the suspect and the victim);
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;
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. Scope of the recommended punishment according to the sentencing guidelines: The basic area (from October to June) of the act of purchasing the sex of children or juveniles in the form of sexual traffic crimes subject to the age of 1 year (the lowest limit of the recommended sentence by the applicable sentencing guidelines), to 2 years and six months (the scope of the recommended sentence] from the applicable sentencing guidelines, shall be that of children or juveniles (the act of purchasing the sex of children or juveniles in the form of 19 years to June);
2. The crime of this case, which was sentenced to punishment, committed against a juvenile whose sexual values have not yet been established in order to meet his/her sexual desire, and escaped without paying the price. In light of the victim’s age, etc., the crime of this case is extremely poor, and the defendant committed the crime of this case, even though he/she had been punished several times due to rape of the juvenile or purchase of the sex, even though he/she had a record of punishment including imprisonment, it is necessary to punish the defendant strictly.
However, the defendant's confession of the crime of this case reflects his mistake, and the fact that there is no record of criminal punishment after 2008, etc. shall be considered as favorable to the defendant, and the motive, means, and means of the crime.