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(영문) 광주지방법원 2014.02.13 2013고합604
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

At around 18:00 on July 12, 2013, the Defendant promised to conduct sexual traffic with D(14 years old) and 70,000 won by accessing the Internet site called “C” and holding D(14 years old).

At around 19:30, the Defendant: (a) driven a car in the vicinity of the F branch of the Gwangju Bank located in Gwangju Northern-gu, and then parked a car in the vicinity of the Gwangju Northern-gu G by driving the car after burning the car with the colorless car driven by the Defendant.

At around 20:00, the Defendant saw panty at a car driving seat, made D enter to put the Defendant’s sexual organ, and 70,000 won in return.

As a result, the defendant committed the act of purchasing sex of D, which is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant legal provisions and Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The following consideration shall be made again for the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under the main text of Article 21(2) and the main text of Article 21(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse is an element of sentencing unfavorable to the defendant, which is an adult who has a social responsibility to protect juveniles so that they can have a sound sexual morality and lead them to a correct way, and whose sexual identity and values have not yet been established, is very poor to purchase the sex of 14 years old juveniles whose sexual identity and values have yet

On the other hand, the fact that the defendant is against the recognition of the facts charged in this case and the defendant has no record of criminal punishment so far is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character, conduct and environment of the defendant, were considered equally.

A sex offender subject to registration of personal information.

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