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(영문) 수원지방법원 2018.01.11 2017고합688
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 July 13, 2017, at around 20:15, the Defendant contacted the unmanned hotel D 306 heading “E” located in Suwon-si, Suwon-si, and paid 140,000 won in cash in return for sexual traffic to the youth F (V, 15 years of age) who met, and had sexual intercourse with the Defendant, thereby purchasing the sex of the child or youth.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Efagating the contents of a conversation and capturing CCTV images;

1. Investigation report (F telephone conversations statement) and investigation report (as to the case of sexual traffic at the hotel G, with respect to the case of sexual traffic at the hotel G), the statute shall apply

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Grounds for sentencing under 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 with prison labor for not less than six months nor more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines: The basic area (10 months to 2 years and 6 months) (no person in special sentencing) (10 months to 10 months) (no person in special sentencing) shall purchase the sex of children and juveniles from the sexual traffic crime subject to the age of 19.

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence mean the purchase of sex of a juvenile whose perception of sex is not fully established, and the crime of this case is not less than that of the crime, but it is highly likely to be criticized in that the crime of buying sex of a juvenile has a serious adverse effect on the establishment of the proper and sound sexual culture in our society.

In the past, the defendant seems to have engaged in the same sex purchase activity as that of a woman, and is responsible therefor.

However, it appears that the defendant is recognized by an investigative agency to commit a crime, and ② the defendant is subject to criminal punishment.

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