logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.09.23 2016고합349
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 2, 2016, the Defendant paid 100,000 won to D (here, 16 years of age) who became aware of the name located in the Daegu Suwon-dong, through “C”, a smartphone, at the mother telephone in which it is impossible to identify the name of the Defendant, who is a child or juvenile, who is a child or juvenile of 16 years of age, in return for sexual traffic.

From that time to March 20, 2016, the Defendant paid 100,000 won per time to the above D with the price for sexual traffic, as shown in the list of crimes attached hereto, and provided five times in total.

Accordingly, the defendant purchased the sex of children and juveniles five times in total.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes by capturing the contents of conversation;

1. Article 13 (1) of the Act on the Protection of Juveniles against Sexual Abuse (Selection of Imprisonment) of the relevant legal provisions and the choice of punishment for the crime;

1. An aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (referring to purchase of sex, etc.) on March 20, 2016, the largest penalty for concurrent crimes];

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. Where a conviction against a defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person 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, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes [types] - Types 1 (the act of purchasing the sex of children and juveniles) (the scope of decisions and recommendations in the sphere of recommendations) - Fundamental area, 10 months to 2 months from 19 years of age;

(b)the guidelines for multiple crimes;

arrow