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(영문) 대구지방법원 2015.07.10 2015고합193
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment with prison labor 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

On October 11, 2014, at around 00:55, the Defendant engaged in purchase of child or juvenile sex by having contact with D (n, 15 years of age) with 50,000 won and with D (n, 15 years of age) of 308,000, and with her body, such as leaving D into the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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;

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 ( repeatedly considering the favorable circumstances);

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information pursuant to the main sentence of Article 21(2) of the Act on the Protection of Children and 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 the defendant is obligated to submit personal information to a competent agency

Reasons for sentencing

1. Six months to five years from the date of imprisonment with prison labor for a prison labor in law;

2. The basic area (from 10 months to 2 months) of the type of sexual traffic (the act of purchasing the sex of a child or juvenile) under the age of 19 shall be the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) and the basic area (the act of purchasing the sex of a child or juvenile).

3. Although the Defendant, as an adult, has a social responsibility to respect and protect the rights and interests and human rights of children and juveniles, the Defendant, who is only 15 years of age, committed sexual purchase against the female juveniles who are merely 15 years of age for the purpose of pursuing sexual humiliation.

Considering these circumstances, the crime of this case is not likely to be committed.

However, ① the defendant was involved in his own act immediately before sexual intercourse with the victim, and his mistake was divided in depth, and ② the defendant did not repeat again in the future.

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