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(영문) 서울북부지방법원 2016.11.25 2016고합456

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 1, 2016, around 23:00, the Defendant: (a) provided children and juveniles E (the age of 18) with 170,000 won and sexual intercourse with her sexual intercourse at a “Del” room located in Nowon-gu, Seoul Special Metropolitan City; and (b) provided children and juveniles E (the age of 18) with 170,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of video-related Acts and subordinate statutes to SNS conversations with closures;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to the scope of recommendations (the scope of recommendations) for the sex trafficking crimes subject to the age of 19 and the sex trafficking crimes committed by children or juveniles, and there is no act of purchasing the sex of children or juveniles (the special appearance) (the scope of recommendations), and the period from October to June

2. Crimes of sexual traffic against juveniles committed by the Defendant who was sentenced to punishment are highly likely to be criticized by deeming that the subject of protection as a tool for sexual humiliation, and that the perception of sexual intercourse does not have been properly formed, and that it infringes on the human rights of the juveniles concerned who lack the ability to determine.

However, the defendant recognized his mistake and reflects his depth, and the defendant has no record of criminal punishment until before the crime of this case is committed, although the other party to sexual purchase has yet to be a juvenile, it is considered in favorable circumstances such as the age near adult, and all factors of sentencing specified in the arguments of this case, such as character, conduct, environment, family relationship, etc., shall be determined as ordered by considering all factors of sentencing as shown in the arguments

With respect to facts constituting an offense for which personal information shall be submitted.