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(영문) 서울북부지방법원 2015.05.01 2015고합47

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

At around 20:00 on January 21, 2015, the Defendant: (a) promised to engage in commercial sex acts with C (n, 15 years of age) that came to know through smartphone-making fishing operations on the same day on the same day; and (b) paid KRW 115,00,000, including taxi fares 25,000, 40, 4000, and 50,000,000, from the office located in Dongdaemun-gu Seoul Metropolitan Government D (E).

As a result, the Defendant committed the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is 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 thus, the accused is obligated to submit personal information to the competent agency

Reasons for sentencing

1. Scope of applicable sentences under law: Six months to five years; and

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for up to 10 months, up to 2 years and 6 months (decision of type): sexual traffic crime group, sexual traffic crime subject to the age of 19, sex trafficking crime subject to the age of 19, act of purchasing child or juvenile sex [no person specially punished] basic area [the scope of recommendations and recommendations], imprisonment for 10 months up to 2 years and 6 months.

3. Determination of sentence: The crime of this case for 2 years of suspended sentence for 10 months has a social responsibility to protect and guide the defendant as an adult so that the same juvenile as the victim can form a sound sexual morals.