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(영문) 광주지방법원 2017.10.27 2017고합342
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
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 August 9, 2017, the Defendant paid 200,000 won in return for sexual traffic to F, who is a child or juvenile (F, who was born on January 2001, 16, and is 16 years old) with the use of smartphone E at the 606 heading room in Gwangju, Seo-gu, Gwangju, and D 606 heading room, and provided a single sexual intercourse to purchase the sex of juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

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

1. Investigation report (verification of CCTV by a suspect A with the victim F);

1. Each photograph (in light of the fact that even if based on the witness G’s legal statement, each photograph and the actual age, body body and appearance of the witness G, and the Defendant’s police statement, F makes the cremation serious, and the Defendant shows his/her resident registration certificate too too much, the Defendant was fully aware of the fact that F was a child or juvenile;

[Determination] Application of the statute

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 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. Scope of applicable sentences under law: One year to ten years; and

2. The act of purchasing the sex of children or juveniles from the sexual traffic crime under the age of 19 to the age of 19: there is no type 1 (the act of purchasing the sex of children or juveniles) [the scope of recommended punishment] (the act of purchasing the sex of children or juveniles] [the scope of recommended punishment] basic area; the term of 10 months to 2 months.

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence are the Defendant’s purchase of the sex of F, which is a child or youth, and such crime may adversely affect the formation of a child or youth’s sexual values, and the quality of the crime is not good, and the Defendant committed the instant crime even if he/she had the record of being sentenced to a fine for the same kind of crime, even though he/she was sentenced to a fine.

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