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(영문) 광주지방법원 순천지원 2018.02.01 2017고합272
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 August 29, 2016, around 21:05, the Defendant had a sexual intercourse in the process of dividing the conversation with the youth F (n, 15 years old, 15 years old, Ga) who was on board as a passenger before the E elementary school located in Gwangju-si D, 2016.

Does it be one month to have a relationship; and

In doing so, F refers to “Iman.....” once in one month in which the money is reduced, and F shall consent to it, the vehicles shall stop in the vicinity of G in light of 21:40 at or near the G and take the bridge loaded on the troke of the vehicle.

On the floor of the site, the number of people to teach the F on a single occasion with the F on that occasion, and paid 50,000 won in cash in return.

As a result, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police concerning F;

1. Details of reported cases and counseling calls;

1. Application of statutes, such as H letters, photographs, field photographs, etc.;

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

2. The basic area of the purchase of sex by children and juveniles [the scope of the recommended punishment] according to the sentencing guidelines for the sexual traffic crimes subject to the age of 19 years: Imprisonment with labor for not less than 10 months to not more than 2 months.

3. Determination of sentence: Imprisonment with prison labor for 10 months and suspended execution for 2 years, the crime of this case is committed by a male taxi engineer of 59 years old or older, with the sex of a female child or juvenile of 15 years old or older, who is a passenger, and the nature of the crime is bad in light of the circumstances, target, etc.

The perception of sex has not been established properly.

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