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(영문) 창원지방법원 2014.07.03 2014고합111
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 12, 2014, the Defendant connected to “C”, which is a smartphone hosting display, and asked D (the age of 16) a juvenile, to the effect that “I will leave the taxi at home,” and the Defendant would pay taxi expenses, such as “I will leave the taxi at home if I will leave the taxi at home” and “I will have a sexual intercourse with the female in return.”

around the same day, the Defendant paid 80,000 won to D who embarked on and arrived at a taxi in front of the F Middle School in the window E of Changwon-si, and purchased Kimbed at a convenience store, provided meals to such women. On the 13th day of the same month, the Defendant was her female and her single sexual intercourse with Hel located in Seongdong-gu, Sungwon-si, Changwon-si.

Accordingly, the defendant was committing the act of purchasing juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records on D;

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, which prescribes the relevant criminal facts and the punishment;

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

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

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

1. The instant crime, as to whether to issue an order to disclose or notify, is a sex offense against a juvenile aged 16 and does not constitute a sex offense against a child or juvenile, and is not a sex offense against a child or juvenile.

Therefore, it does not constitute a crime subject to an order to disclose or notify registered information under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the defendant purchased the sex of a juvenile who is merely 16 years of age, and the nature of the crime is inferior, and the sex purchase act against a child or juvenile is serious to form a sound sexual values of children and juveniles whose sex awareness has not been formed.

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