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(영문) 수원지방법원 성남지원 2015.04.09 2015고합5

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

Reasons

Punishment of the crime

At around 19:30 on September 12, 2014, the Defendant provided sexual intercourses with the above E and twice on the condition that the Defendant would pay KRW 100,000 to juvenile E (n, 16 years of age) who became aware of from “DMoel” located in Suwon-si C, Suwon-si.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on photographic photographs of the contents of the Kakaogle, CCTV image images of the DNA telegraph, CDs, and caps;

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;

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 consideration shall be made again for the reason of sentencing);

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

1. The crimes indicated in the judgment regarding an order to disclose or notify information are sex offenses against children or juveniles aged 13 or older and do not constitute sexual crimes against children or juveniles (see Article 2 subparagraph 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse), and such crimes are not subject to an order to disclose or notify personal information;

Reasons for sentencing

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

2. Application of the sentencing criteria [Determination of types] There is no child or juvenile sexual traffic crime subject to the age of 19 years (no person specially punished] to purchase the sex of a child or juvenile (the scope of recommendation punishment] (the basic area between October and June (the basic area).

3. Determination of sentence: Ten months of imprisonment, and two years of suspended sentence, in light of the fact that the Defendant had a social responsibility to protect juveniles in order to form a sound sexual value, and that the Defendant had sexual intercourse from female students at full 16 years of age in order to resolve his/her sexual desire, the criminal liability is not weak.

However, the defendant himself.