A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 21, 2017, at around 20:00, the Defendant sent 130,000 won in cash to G (V, 17 years of age) who was aware of the Defendant’s mobile phone hosting app “F” through Ecom 603 located in Nam-gu Incheon Metropolitan City D, and provided the Defendant with the instant G with a single sexual intercourse in return for sexual traffic.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Application of CCTV Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

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. Reasons for sentencing under Article 21 (2) (main sentence) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including observation of protection and orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than ten years;

2. Application of the sentencing criteria;

(a) The scope of the recommended punishment on the sentencing criteria [the types of decisions] shall be limited to the basic area in which there is no type 1 (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) [the scope of the recommended punishment] [the person subject to special sentencing]: Imprisonment with labor for not less than 10 months but not more than 2 years and not more than 6 months;

(b) Scope of the corrected sentencing: Imprisonment with prison labor for not less than one year, but not more than two years and six months (the lowest limit of the sentencing guidelines is lower than the statutory minimum applicable sentencing range, and accordingly the applicable sentencing range shall be set by the law);

3. Determination of sentence: One year of imprisonment, and three years of suspended sentence are to purchase the sex of a child or juvenile whose perception of sex has not yet been formed by the defendant who is an adult, and such a crime is likely to be criticized in that it not only infringes the human rights of the child or juvenile concerned but also has a serious adverse effect on the settlement of the correct and sound sex culture in our society.

The defendant has a number of records of being punished for the same crime and the same sex purchase crime.