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(영문) 수원지방법원 2015.06.11 2015고합197

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 1. 22. 22:00경 오산시 C에 있는 ‘D모텔’ 주변 지하주차장에 주차된 피고인의 차량에서, 스마트폰 채팅 어플인 ‘즐톡’으로 만난 여자 청소년인 E(17세)와 1회 성관계를 한 뒤, 인근 편의점에서 현금 10만원을 인출하여 위 E에게 화대비로 지급함으로써 여자 청소년의 성을 매수하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Reporting on occurrence (Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) and the application of investigation reporting statutes;

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;

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

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. The scope of recommendations according to the sentencing guidelines (decision of types of recommendations) and the scope of recommendations (decision of types of recommendations) that there is no child or juvenile sexual traffic crime subject to the age of 19 and no child or juvenile sexual traffic crime subject to the age of 19 (decision of recommendation types) (decision of recommendation types), the basic area [the scope of recommendation types] imprisonment with labor for October to two years.

3. The crime of this case committed by the Defendant, an adult who has a social responsibility to protect juveniles so that they can have a sound sexual morality, and lead them to a correct way, purchased the sex of 17 years and older juveniles at the time when they form sexual identity and values, and is not in good quality.

However, the defendant has no record of criminal punishment for the same offense and suspension of execution, and the defendant has led to the confession of the crime of this case and has his depth of his mistake, etc. shall be considered as favorable circumstances to the defendant, and the age and suspension of execution shall be taken into account.