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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 induce a child or youth to buy sex or solicit a child or youth to sell sex for the purpose of purchasing sex of a child or youth or boosting the sex of a child or youth.
1. On August 2013, the Defendant committed the act of purchasing the sex of a child or juvenile by providing 40,00 won to E (n, 14 years of age) who is a child or juvenile he/she became aware of through a smartphone c in the Damoel located in Daegu North-gu, Daegu, 2013, and purchasing the sex of a child or juvenile by sexual intercourse with 40,000 won.
2. On December 5, 2013, around December 5, 2013, the Defendant sent a message containing the content of “2-1 sexual intercourse” to women using smartphone flusium flusium for the purpose of morale of the above E, a child or juvenile, on the front of the Samsung Mobile Center located in Daegu Northern-dong, Daegu, North dong-gu.
Accordingly, the defendant recommended children and juveniles to sell sex.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Application of Acts and subordinate statutes to investigative reports (to attach evidential data containing text messages, such as victim E and Kakao Stockholm);
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of juvenile sex and the selection of imprisonment with prison labor), Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the solicitation of purchase of juvenile sex and the selection of imprisonment with prison labor) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments for each crime)] among concurrent crimes, as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the sum of the punishment imposed on August 2013, 201)
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 consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. An order of disclosure and notification;