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(영문) 대구지방법원 2018.02.09 2017고합559
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

No person shall purchase sex of a child or youth.

On September 20, 2017, the Defendant: (a) sent a juvenile E (the age of 15) who promised to engage in sexual traffic through “D”, a mobile phone-type c apartment building, around the second floor; (b) sent a 70,000 won in cash to the lower end of the car; and (c) sent a 15-time sexual intercourse with E at the lower end of the car; and (d) sent a 70,000 won in cash to the Defendant.

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. Application of Acts and subordinate statutes of police statement protocol to E;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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: Six months to five years; and

2. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to two years and six months [the types of decisions] from the age of 10 months to the age of 19, there is no person [the person subject to special sentencing] (the scope of recommended punishment] in the basic field of the first type (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles] (the scope of recommended punishment]. From the second to the second two years and six months.

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 10 months, the age, sexual conduct, environment, motive, means and consequence of the crime as set forth below two years of probation, and the sentencing guidelines set forth by the Supreme Court and the sentencing guidelines set forth by the Sentencing Committee, such as the circumstances after the crime, shall be comprehensively taken into account.

The crime of this case is a crime that harms the sound sexual culture and good morals by commercializing women's sex.

In particular, the Defendant.

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