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(영문) 전주지방법원 정읍지원 2016.07.13 2016고합24

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 17, 2016, at around 14:30, the Defendant: (a) placed the Defendant’s 101-dong 406 residence at the Defendant’s 15-dong 101-dong 406 residence, and (b) placed the Defendant’s her son/child-gu at the 15-year-old her her son/child-child address, and (c) had 5,000 won in return for sexual intercourse with D, and had her sexual intercourse with D to purchase the sex of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of investigation reports (related to family register and appending each copy of resident registration) Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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 judgment of conviction becomes final and conclusive against a defendant who has registered personal information under Article 21(2) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment

Reasons for sentencing

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

2. Scope of the recommended punishment according to the sentencing criteria (the type of sexual traffic).

(a) The act of purchasing child and juvenile sex from the category 1 (the act of purchasing child and juvenile sex) [decision-making area] basic area [the scope of recommendations] shall be punished by imprisonment with labor for 10 months to 2 years;

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year, the crime of this case is a purchase of sex of a child or juvenile who is 15 years of age or older and who cannot exercise the right to sexual self-determination, and the quality of such crime is poor;

However, the defendant takes into account the favorable circumstances, such as the first offender, the fact that the defendant both recognizes and reflects his or her mistake.