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(영문) 서울북부지방법원 2017.08.25 2017고합203
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

No person shall commit any act falling under similar sexual intercourse with part of the body, such as the mouth and anus, or any instrument in return for providing or promising to provide children or juveniles with money, valuables or other property benefits, or for the provision of duties and convenience, against children or juveniles.

Nevertheless, at around 01:05 on March 10, 2017, the Defendant engaged in one similar act, such as giving 90,000 won to youth E (15 years old, female) and stimulate the Defendant’s sexual organ by oral lectures, through “D,” a smartphone-making car owned by the Defendant in the front of Seoul Special Metropolitan City, Nowon-gu B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes to photographic and field control photographs of the victim's own cell phone;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. Six months to five years from the imprisonment with prison labor for a prison labor;

2. Imprisonment with prison labor for a range of 10 months to 2 years and six months (basic sphere);

3. The crime of this case by which the defendant did not fully establish the perception of sex and purchased the sex of a juvenile who lacks the ability to judge, and is not in the nature of the crime.

Since the crime of buying sex for juveniles not only infringes on the human rights of the relevant juveniles, but also has a serious adverse effect on the establishment of the proper and sound sex culture in our society, it is necessary to punish the crimes with strict penalties for the general prevention so that these crimes do not overlap.

However, the defendant recognized the crime of this case and has no record of crime other than being sentenced to a fine twice.

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