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(영문) 수원지방법원 안산지원 2017.03.30 2016고합262
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2015, the Defendant promised to pay KRW 100,000 to D (n, 14 years of age) who was known at the “C” website, “C,” and to engage in sexual intercourse at around 20:23 on the same day, the Defendant provided D with KRW 100,000 in return for sexual intercourse and purchased the sex of juveniles by engaging in sexual intercourse.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the examination of the police officer in G;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (the result of a request for appraisal);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a criminal fact against a defendant who has registered personal information under Article 48(1)1 of the Confiscation Criminal Act is found guilty, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

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

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions], sexual traffic crimes subject to the age of 19, sexual traffic crimes subject to the age of 19, acts of purchasing the sex of children and juveniles, and the types of Type 1 (the scope of the recommended punishment] [the scope of the recommended punishment] from October to June 2.

3. The instant crime of determining sentence is that the Defendant purchased the sex of juveniles, which may adversely affect the formation of the sexual values of juveniles, and also adversely affect the establishment of the sound sexual culture in our society.

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