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(영문) 서울북부지방법원 2017.09.22 2017고합283

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 October 27, 2015, the Defendant decided to conduct the above D and sexual traffic on the condition that the Defendant would approve the Internet shopping goods of D and D (the age of 15) by credit card. On the same day, around 21:32, the Defendant settled the sum of KRW 19,800 of the clothes to be purchased by the said D in the Internet shopping mall with the Defendant’s modern card at the non-furites located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, with the Defendant’s modern card, and in return, had the child and juvenile sexual intercourse with his/her female on a single basis.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Each investigation report (the confirmation of the details of shopping mall for suspect 1 and the application of Acts and subordinate statutes twice of the D Statement Statement);

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 therefor;

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. 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. Six months to five years from the imprisonment with prison labor for a prison labor;

2. Imprisonment with prison labor for a range of 10 months to 2 years and six months (basic sphere);

3. The crime of this case by which the defendant did not fully establish the perception of sex and purchased the sex of a juvenile who lacks the ability to judge, and is not in the nature of the crime.

Since the crime of buying sex for juveniles not only infringes on the human rights of the relevant juveniles, but also has a serious adverse effect on the establishment of the proper and sound sex culture in our society, it is necessary to punish the crimes with strict penalties for the general prevention so that these crimes do not overlap.

However, in consideration of the fact that the defendant recognized the crime of this case and has no other record of the crime, the sentence shall not be imposed only once, taking into account the fact that the defendant is in depth and is sentenced to a fine three times.

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