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(영문) 서울서부지방법원 2018.06.28 2018고합109
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

On February 23, 2018, around 19:30 on February 23, 2018, the Defendant: (a) paid KRW 300,00 to the Juvenile F (V, 16 years of age) of a child that became aware of through E, “D” located in Gangseo-gu Seoul Metropolitan Government; and (b) provided a child’s sexual intercourse with F, thereby purchasing the child’s sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs, books and photographs, and by capturing conversations;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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. The grounds for sentencing under the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Ordering Service;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and the scope of the recommended punishment [the scope of the recommended punishment] that there is no child or juvenile sexual traffic crime subject to the age of 19 years [the scope of the recommended punishment] [the scope of the recommended punishment and the scope of the recommended punishment], the basic area of the imprisonment with labor for 10 months to 2 months [the scope of the recommended punishment that is modified by the applicable sentencing in accordance with the applicable sentencing guidelines], one year to 1 two years and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range under the law, so the lowest limit of the applicable sentencing range is set according

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence mean that the defendant, who is an adult, purchases the sex of a juvenile whose sense of values has not yet been fully established, and such a crime is not easy in that it infringes on the human rights of the juvenile in question and adversely affects the formation of a sound sense of sex.

However, the fact that the defendant has not committed a second offense while recognizing his/her mistake, and that the defendant has no record of criminal punishment, etc. shall be considered as favorable to the defendant, and other factors.

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