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(영문) 광주지방법원 2018.11.09 2018고합419

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

Reasons

Punishment of the crime

On June 3, 2018, at around 23:50, the Defendant, at the “E”-free telephone in Gwangju Northern-gu, sought the purchase of child and juvenile sex by advertising 15 years old and 220,000 won to G with the “E”-free telephoneping “F”.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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

2. The act of purchasing the sex of children or juveniles from sexual traffic crimes under the age of 19 years in the basic area [the scope of recommendations] that has no type 1 (the act of purchasing the sex of children or juveniles) [the act of obtaining the sex of children or juveniles] [the act of obtaining the sex of children or juveniles] [the scope of recommendations] [the scope of recommendations] imprisonment with labor for 10 months to 2 months.

3. Determination of sentence: the crime of this case for 10 months of imprisonment and 2 years of suspended sentence was committed by the defendant's act of purchasing the sex of 15 years of age that the defendant came to know through smartphoneing, and the crime of buying the sex of juveniles is highly likely to have a serious adverse impact on the young people at the stage of establishing sexual identity and values, and it is necessary to punish them strictly because they encourage them to engage in sexual acts for money and other valuables.

However, the fact that the defendant is led to the crime of this case and is against the defendant, and that the defendant is the first offender is favorable to the defendant.

. Other defendant.