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(영문) 광주지방법원 2015.01.21 2014고합575

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment with prison labor 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

On October 4, 2014, the Defendant: (a) promised youth F (F) to give 100,000 won to F (F) who is a juvenile in Gwangju Northern-gu, Gwangju Northern-gu, 203; hereinafter referred to as “the other party”), thereby purchasing the sex of youth on a one-time basis.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act in this court;

1. Statement made in conformity with the F's statement prepared by the assistant judicial police officer;

1. Application of film-related Acts and subordinate statutes to image photographs suitable therefor, among unmanned telescopic video photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) has not high risk of recidivism as a person who has no sex offense history and has engaged in a normal social life as a physical therapy, and considering the possibility and necessity of edification within the society clearly because social ties are clear);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. According to the records, the following facts can be acknowledged according to the reason for sentencing of Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. 이 사건의 경위 및 범행 후의 정황 피고인은 상대방이 휴대전화 채팅어플 ‘앙톡’에 'ㅈㄱ 10‘이라고 올린 글을 보고 상대방에게 쪽지를 보내어 성매매를 제안하였고 상대방은 성매매의 대가로 10만 원을 받기로 하고 이에 응하였다.

The defendant, even though he knows that the money which he has paid in cash the unmanned telecom fee has a total of 100,000 won, established a sex relationship with the other party, and the other party's photograph and personal information are recorded in his cell phone camera, and then his resident registration certificate and student identification card are recorded.