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(영문) 광주지방법원 장흥지원 2017.06.27 2017고합7

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 9, 2016, the Defendant had 180,000 won for children and juveniles D (here, 16 years of age) and had sexual intercourse with D on a single occasion with D to purchase child and juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

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. Where a conviction becomes final and conclusive on the facts constituting a crime in which he/she shall register and submit personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. Imprisonment with prison labor for not less than six months but not more than five years;

2. Application of the sentencing criteria [the types of decisions] There is no child or juvenile sexual traffic crime subject to the age of 19 years [the territory of recommendations and the scope of punishment recommended], the basic area of the punishment, and the imprisonment for not less than 10 months and not more than 2 years and not more than 6 months;

3. Determination of sentence: The crimes that purchase the sex of juveniles, such as the 8-month imprisonment and the 2-year stay of execution, shall not only infringe on the human rights of obsent juveniles at the stage of establishing sexual identity and values, but also be disadvantageous to the establishment of a proper and sound sexual culture in our society.

However, the fact that the defendant recognizes the crime of this case and reflects the mistake, there is no record of criminal punishment, and that the fact of the purchase of sex of this case is revealed to the investigation agency by itself.