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(영문) 청주지방법원 2018.11.23 2018고합195
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 21:00 on May 13, 2018, the Defendant: (a) provided a victim F (V, 15 years of age) who was aware of in-house hosting “E” and provided a single sexual intercourse with the victim, within the DK7 passenger car owned by the Defendant, which was set up in the Cheongju-si Office C adjacent to the petition-gu Office C; and (b) provided a single sexual intercourse with the victim.

2. On May 19, 2018, the Defendant sent 50,000 won to the said F in return for sexual intercourse, at the mutual accommodation of “H” located in the petitioner-gu G, Cheongju-si, Cheongju-si.

3. On May 26, 2018, the Defendant sent 60,000 won to the said F in return for sexual intercourse and exchanged with the victim on one occasion at the premises of “J” located in Cheongju-si, Cheongju-si, Cheongju-si.

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

Summary of Evidence

Application of the Police Statement to the Defendant’s legal statement F to the victim’s full statement report on the vehicle and on-site photo investigation report (STV’s identity of the victim)

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the following reasons for sentencing).

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

5. Where a judgment becomes final and conclusive to register and submit personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and the main text of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, 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 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 by law: Imprisonment for one year to 15 years; and

2. The scope of punishment recommended for the sentencing criteria (the types of decisions) shall be under the age of 19.

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