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A defendant shall be punished by imprisonment for a maximum of ten months and by a short of eight months.
The defendant shall be prevented from engaging in sexual traffic for 40 hours.
Reasons
Punishment of the crime
The Defendant came to know of the victim B (the age of 12,00, the name of the Defendant) through the “Twitter Meet Messenger Messen,” and promised the victim to receive KRW 20,000 or KRW 30,00 in return for sexual intercourses or similar sexual intercourses on January 16, 2019, and paid KRW 20,000 to the victim, 12:30 on January 16, 2019, in front of the said “C” building, the number of floors of the said “C” building was cut off to the female toilet Mesium of the victim, and then, paid KRW 20,00 to the victim.
Accordingly, the defendant was committing the act of purchasing juvenile sex.
Summary of Evidence
1. The written statement made by the police concerning B of the defendant's partial statement in court;
1. A complaint, stenographic record, statement and analysis opinion of the victim;
1. Application of the Acts and subordinate statutes on the results of analysis of digital evidence of the victim mobile phones by cutting down the victim's investigative report (fakaoxooxoootos) and the victim's additional exchanges with the victim's suspect (A), and then applying the victim's cell phone
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 mitigations under Article 53 of the Criminal Act and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances among the reasons for sentencing):
1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019);
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Act on Dec. 11, 2018, Addenda to the Act on Welfare of Persons with Disabilities.