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(영문) 광주지방법원 2020.01.10 2019고합466
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

The Defendant became aware of the victim B (the age of 13) who is a child or juvenile through the cell phone clock "straw," which is a mobile phone clock.

1. On December 12:30, 2018, the Defendant provided the victim with tobacco 4 boxes in Dongdaemun-gu Seoul Metropolitan Government, in return for sexual intercourse, and provided the victim with sexual intercourse.

2. At around 10:50 on December 21, 2018, the Defendant provided the victim with 5 cigarettes in Dongdaemun-gu Seoul Metropolitan Dongdaemun-gu (Seoul) in return for sexual intercourse, and provided the victim with sexual intercourse.

As a result, the defendant had engaged in buying sex of children and juveniles twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of the Kakao Stockholm dialogue content and the statutes governing the settlement of telecom;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

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 repeated 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. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

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

2. The scope of recommendation types according to the sentencing criteria (the determination of types) shall be limited to the sexual traffic crimes subject to the age of 19;

(a) Purchase of sex of a child or youth [Type 1] There is no act of purchasing sex of a child or youth [the area of recommendations and the scope of recommendations]; the basic area of purchasing sex of a child or youth [the scope of recommendations and recommendations]; October through February 6;

3. The Defendant rendered a sentence through smartphone display to B for tobacco in return for the payment of tobacco, and sexual intercourses over twice.

The crime of sexual purchase by juveniles is still sexually sexual.

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