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(영문) 수원지방법원 성남지원 2014.11.06 2014고합214

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2013, the Defendant, using "C", which is a smartphone hosting display, was fluored with the same-sex other party, and there is no place to leave the age of 18 as of "D (the age of 16) posted by the juvenile," and suggested that he/she be able to report his/her writing and contact with him/her to live together in the Defendant's residence.

1. At around 24:00 on June 10, 2013, the Defendant inserted the Defendant’s sexual flag into D’s port, subject to the provision of accommodation, into D’s port, and inserted the Defendant’s sexual flag into D’s port, thereby using parts of the body, such as mouth and port text, or implements.

2. The Defendant, at around 24:00 on the lower order of the same month, engaged in the conduct of similar intercourse with D in the same manner as that of the preceding paragraph.

As a result, the defendant had two times engaged in buying sex D, a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement of D;

1. Relevant criminal facts of the relevant criminal facts: Article 10 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012): Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment heavier than that provided for in paragraph (2) of the same Article)

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction is finalized on the crime of this case of the registration of personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), and the main text of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.