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(영문) 창원지방법원 2014.11.06 2014고합181
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant B, on January 1, 2014, around 06:0, the lower court paid KRW 100,000 to the juvenile J (Y, 13 years of age) who became aware of in the vicinity of the H middle school G in Kimhae-si through “A” of the smartphone hosting flus, and provided a single sexual intercourse for the purchase of juveniles’ sexual intercourse.

2. On February 5, 2014, at the same place as the preceding paragraph, Defendant A promised to give the above youth who came to know of the said method as above to pay the money after sexual intercourse, and provided the Defendant’s sexual intercourse once to purchase the sex of the youth.

3. Defendant C paid 100,000 won to the above juvenile who became aware of the above method at the same place as before the beginning of February 2014, at around 19:00, and provided a single sexual intercourse, thereby purchasing the sex of the juvenile.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to K and J;

1. Details of J mobile phone conversations; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of punishment for the crime, respectively, shall be applicable to the punishment, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Application of the sentencing guidelines [Determination of type] - Type 1 (the act of purchasing the sex of a child or juvenile) (the scope of recommending area and recommending type ] basic area, October to two years and six months [the general person] - Reduction element (Defendant B, and C): No history of criminal punishment;

2. Determination of sentence: The crimes of this case, 10 months of imprisonment and 2 years of suspended sentence, committed by the Defendants, in return for promising the Defendants to pay or pay money to the juveniles, are purchased from the juveniles, and the Defendants, adults, who have the social responsibility to protect the juveniles to have sound sexual morals and to lead them to a correct way.

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