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(영문) 수원지방법원 여주지원 2014.10.02 2014고합68
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 15, 2014, at the defendant's house located in Ischeon-si C 315, the defendant promised to pay 50,000 won to D (n, 14 years of age) a juvenile who became aware of through smartphone hosting c 315, and delivered 20,000 won in cash and 40,000 won in a single sexual intercourse with D, as a consideration therefor.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes confirming the details of deposit and withdrawal transactions;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction against the instant criminal facts is finalized, the Defendant who is subject to registration of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The scope of recommendations according to the sentencing guidelines (determination of types of recommendations), commercial sex acts, commercial sex acts subject to the age of 19, acts of purchasing the sex of children and juveniles, acts of purchasing the sex of children and juveniles, types 1 (the act of purchasing the sex of children and juveniles) [the scope of recommendations] and the basic area of punishment [the scope of recommendations], 10 months to 2 months.

3. Determination of sentence: the 14-year imprisonment with prison labor and the 2-year suspended sentence are the sex of the Defendant, who is an adult with a social responsibility to protect the juveniles so that they can have a sound sexual morality, and lead them to a correct way, at the time when the Defendant, who is an adult with a social responsibility, forms a normal sexual identity and values.

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