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(영문) 수원지방법원 성남지원 2016.08.18 2016고합120

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 March 5, 2016, the Defendant, around 23:00, committed an act of purchasing juveniles’ sex by giving 150,000 won in return for engaging in sexual traffic to juvenile E (n, 15 years of age) who became aware of through a smartphone hosting cam in the Dworket car located on the Hanam-si, Hanam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F dialogue-related Acts and subordinate 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 therefor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for 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 applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall not be the type 1 (the act of purchasing the sex of a child or juvenile) [the scope of the recommended punishment] (the act of purchasing the sex of a child or juvenile]; the basic area of the recommended punishment; the term 10 months to 2 years and 6 months.

3. Determination of sentence: 10 months of imprisonment with prison labor, and 2 years of suspended sentence purchase of the sex of a juvenile who is an adult and whose perception of sex does not properly form, and such purchase of sex may seriously affect the formation of sound sexual values of the juvenile, and thus, it is necessary to strictly punish the act of purchasing sex.

However, in light of the fact that the defendant recognized the crime of this case as well as the fact that the defendant has no record of criminal punishment, etc., the defendant's age, sexual conduct, environment, motive and circumstance after the crime of this case shall be considered, and the punishment of this case shall be determined as ordered by taking into account all the conditions of sentencing, including the defendant's age

With respect to the facts charged in holding that personal information is registered.