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(영문) 창원지방법원 통영지원 2017.04.13 2017고합1
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

1. On July 2016, the Defendant: (a) sent on a cell phone hold box “Del 2:1” posted on the cell phone hold box at the early 2016 Docel, and (b) contacted with E (15 years of age), F (15 years of age), with a total of 300,000 won, including KRW 1.50,000,000, and 15 years of age) with a single sex, thereby purchasing a child’s sex.

2. On July 2016, the Defendant: (a) provided 150,00 won to the above E and 150,000 won on a single sexual intercourse with the Defendant’s sexual intercourse, thereby purchasing child and juvenile sex.

3. On July 2016, the Defendant: (a) provided the said F with KRW 250,00 and 250,000 to the Defendant’s sexual intercourse with the said F; and (b) provided the said F with a single sexual intercourse, thereby purchasing a child’s sexual intercourse.

4. In 2016, the Defendant provided the above E and F with a total of KRW 300,000,000,000 per 150,000,000 to the above E and F, and provided a single gender with each other to purchase the sex of a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Act and subordinate statutes on the investigation report (suspect identification) and Messenger conversation

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles from Sexual Abuse (referring to the purchase of sex, etc.) against E around February 2016 with the largest penalty for concurrent crimes];

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. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria;

A. There is no type 1 (the act of purchasing the sex of a child or juvenile) [the act of purchasing the sex of a child or juvenile under the age of 19] (the act of purchasing the sex of a child or juvenile] (the act of purchasing the sex of a child or juvenile] (the decision and scope of the recommended punishment), the basic area of the crime, 10 months or more, and imprisonment.

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