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(영문) 광주지방법원 목포지원 2015.10.08 2015고합123
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

At around 16:00 on March 29, 2015, the Defendant sent 100,000 won to E (n, 14 years old) a child or juvenile E (n, 14 years old) who became aware of through the “Decree”, a smartphone-rating fishing method, at the D Undeveloped Military C, and provided sexual intercourse with E.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs;

1. Application of Acts and subordinate statutes to police statements by F, G, and H;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction becomes final and conclusive with respect to the facts constituting the crime indicated in the judgment on the registration of personal information under Article 21(2) main sentence and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the accused is obligated to submit personal information to the competent authority pursuant to

Reasons for sentencing

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of recommendations on the sentencing guidelines [the scope of recommendations] shall be limited to the scope of recommendations (the scope of recommendations] for sex trafficking crimes under the age of 19 and the basic area (the act of purchasing the sex of children or juveniles) of the basic area ( October to June) (the act of purchasing the sex of children or juveniles).

3. Scope of sentence comparison with the applicable sentences: From October to June 2: Imprisonment with prison labor;

4. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended sentence, the crime of this case is protected so that juveniles can have a sound sexual morality, and the defendant, who is an adult with social responsibility to lead them to a correct way, purchases the sex of juveniles at the time when the sexual identity and values are formed, and the quality of the crime is somewhat weak.

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