아동ㆍ청소년의성보호에관한법률위반(성매수등)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2013. 3. 23. 00:11경 원주시 B 305호에 있는 피고인의 주거지에서 스마트폰 어플리케이션 ‘즐톡’을 통하여 알게 된 아동ㆍ청소년인 C(여, 당시 14세)에게 성관계의 대가로 8만 원을 주기로 약속하고 위 C과 1회 성교하여 청소년의 성을 사는 행위를 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. Application of Acts and subordinate statutes on telephone details;
1. Article 10 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) which provides for the pertinent legal provisions and the selection of punishment for committing a crime;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. If a conviction on the facts constituting a sex offense subject to registration becomes final and conclusive, the Defendants are subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and are obliged to submit personal information to the head of a competent police agency pursuant to Article 43 of the same Act, on the grounds that such conviction is contrary to the grounds for sentencing under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Articles 11572, and 11572), and Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.