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(영문) 서울중앙지방법원 2017.7.7. 선고 2017고합351 판결

아동·청소년의성보호에관한법률위반(성매수등)

Cases

2017Gohap351 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Corrupt Practices, etc.)

Defendant

A

Prosecutor

Yellow Britain, public trial for leather

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

July 7, 2017

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 two years from the date this judgment became final and conclusive.

The defendant is ordered to take lectures to prevent sexual traffic for 40 hours and provide community service for 80 hours.

Reasons

Criminal facts

On March 2016, the Defendant: (a) put a phrase “17 years of age and D for the elderly; (b) 1-15 years of age in the mobile phone-type display room; (c) contacted the victim; (d) called “150,000 won in return for sexual intercourse; and (d) provided the victim with sexual intercourse at the FF University near the FF University located in Seoul and E; and (e) provided the victim with 150,000 won in return for sexual intercourse; and (e) provided the victim with sexual intercourse; and (e) provided the victim with 150,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Investigation report (the details and result of the request for mobile analysis from theC mobile phone);

1. Application of the statutes governing outputs of victim C mobile phone analysis data;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Reasons for sentencing

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

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] The purchase of sex by children and juveniles in sexual traffic crimes under the age of 19 years (the purchase of sex by children and juveniles)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 10 months to 2 years;

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;

The crime of this case is not established in order for the defendant, who is an adult, to resolve his sexual desire, and it is not good to purchase the sex of the victim, who is a juvenile with weak judgment ability, without completely establishing the awareness of sex through smartphone-rating display. In addition, such an act infringes on the human rights of the relevant juvenile and affects the establishment of a proper and sound sexual culture in our society, which is disadvantageous to the defendant.

However, even though the defendant denied the crime in an investigative agency, the fact that the defendant has been led to confession, depth, and that the defendant has no criminal record in addition to the punishment once by a fine, etc. shall be considered as favorable to the defendant. Other factors such as the defendant's age and character, family relation, living environment, health conditions, motive, means and result of the crime, and all of the sentencing factors in the trial process of this case, including circumstances after the crime, shall be determined as ordered.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Judges

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;