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(영문) 서울중앙지방법원 2018.04.26 2018고합252

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 11:00 on December 10, 2017, the Defendant promised Ha (Y, 15 years of age) who was parked in the E-parking lot located in Dongjak-gu Seoul Metropolitan Government, to provide mobile phone hosting app “G” to H (W, 15 years of age) with KRW 50,00 and tobacco at the end of 30,000.

As a result, the defendant promised to offer consideration to the defendant and had sexual intercourse with the juvenile to purchase the sex of the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of I dialogues), investigation reporting;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area of the type 1 (the determination of the area of recommendation] (the scope of the recommendation] of the sex trafficking crime subject to the age of less than 19 (the act of purchasing the sex of children and juveniles) [the scope of the corrected punishment] from 10 months to 2 years and 6 months [ the scope of the corrected punishment] from 1 year to 2 years (the lowest limit of the sentence recommended in the sentencing guidelines is lower than the minimum limit of the applicable sentences under the law, and thus the lower limit of the applicable sentences under the law is set according to the law).

3. The crime of having sexual identity and values of a juvenile who has determined the sentence of punishment is highly likely to have a serious adverse impact on the juvenile who has not been able to establish his/her sexual identity and values, and it is necessary to punish him/her strictly because he/she encourages the juvenile to engage in sexual conduct for money and other valuables.

The crime of this case is committed in the vehicle of the defendant, promising the defendant to pay the price for sexual intercourse to the 15-year-old juvenile who became aware of through smartphone hosting.