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(영문) 서울중앙지방법원 2018.5.24. 선고 2018고합60 판결

아동·청소년의성보호에관한법률위반(성매수등)

Cases

2018Gohap60 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Corrupt Practices, etc.)

Defendant

A

Prosecutor

The successor (prosecution) and the senior commissioner (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

May 24, 2018

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, and the defendant shall be ordered to take lectures to prevent sexual traffic for 40 hours.

Reasons

Criminal History Office

On August 29, 2017, the Defendant, along with C and D on August 29, 2017, contacted the youth F with the so-called "E" by using the smartphone hosting 'E, thereby establishing a gender relationship with three children and juveniles including F, respectively. On August 29, 2017, the Defendant, at around 06:00, committed a similar act by having the Defendant enter the Defendant's sexual organ, as soon as possible, and only 14 years old, paid a cash of 200,000 won in order to purchase the sex of juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

Application of Statutes

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 consideration for 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. Order to attend lectures;

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

Reasons for sentencing

1. The scope of punishment by law;

From six months to five years of imprisonment;

2. Scope of recommended sentences for 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)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of 10 months to 2 years

3. Determination of sentence;

The crime of sexual intercourse with juveniles is highly likely to have a serious adverse effect on the sexual identity and values of juveniles at the stage of establishing the sexual identity and values, and encourage them to engage in sexual acts for the purpose of money and other valuables, so it is necessary to punish them strictly. The crime of this case is committed by the Defendant, since the Defendant met the juveniles 14 years old, or was sexual intercourse with the above juveniles, and the nature of the crime is not good in light of the content of the crime, the circumstances after the crime, etc., but the Defendant reflects his wrongness while recognizing all of the crimes of this case. The Defendant has no record of criminal punishment for the same kind of crime.

In full view of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to the registration of personal information, the defendant is 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, and the defendant is obligated to submit personal information to the competent agency

Judges

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins