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(영문) 서울남부지방법원 2016.04.08 2016고합46

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 July 7, 2015, the Defendant: (a) committed an act of purchasing sex of E, a juvenile, on a total of four occasions from the above day to October 7, 2015, by giving 100,000 won to E (n, 14 years of age) who is a juvenile, at the Del located in Sungnam-si, Sungnam-si, Sungnam-si, and by sexual intercourse once; (b) as shown in the attached crime sight table, the Defendant engaged in purchasing sex of E, a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Kakao Stockholm statutes

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.) committed on July 1, 2015 with heavy penalty];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to disclose or notify an order to attend a lecture: ① A person who commits a sexual assault against a child or a person who commits a sex offense against a child under the age of 13, and ② a person who commits a sex offense against a child under the age of 13 and is likely to recommit a sex offense against a child or juvenile;

A person recognized, or a person who commits some of the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes may be sentenced only to a person who commits such crimes. Each of the crimes in this case constitutes a sex offense against a child, not a sex offense against a child, and E is not less than 13 years old, and thus does not constitute a crime subject

Therefore, it is not ordered to disclose or notify the registered information to the defendant.

The grounds for sentencing in 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 sentences according to the standard table of sentencing;

(a) Purchase of sex of a child or juvenile in the form of a basic crime, concurrent crime 1 and 2 (the scope of punishment for recommendations) or sexual traffic crime under the age of 19;