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(영문) 제주지방법원 2015.04.02 2014고합222
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed against the defendant.

Reasons

Punishment of the crime

피고인은 2014. 6. 27. 03:00경 제주시 C원룸에서, 스마트폰 채팅 어플인 ‘즐톡’을 통하여 알게 된 D(여, 15세)에게 잠자리를 제공하여 주겠다며 D을 만나 위 원룸으로 데리고 온 후, D와 1회 성교행위를 하고 그 대가로 D에게 15만 원을 교부하여 청소년의 성을 사는 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Investigative intelligence reports and detailed reports on runaways, such as missing children, etc., investigation reports;

1. Data on the details of currency, search, seizure, verification, video reply;

1. Application of investigation reports (in cases of attaching written opinions on sending records of sexual traffic of suspects, etc.) and attached data statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction of the instant criminal facts is finalized, a defendant who has registered personal information pursuant to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse 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 shall submit personal information to a competent agency pursuant to Article 43

Reasons for sentencing

1. The scope of applicable sentences by law: one year to ten years; and

2. Application of the sentencing guidelines [Determination of types of punishment] - Type 1 (the act of purchasing the sex of a child or juvenile) (the scope of recommendations) basic area, 10 months to 2 years and 6 months [the general person] - The mitigated element: - The serious reflectivity [whether or not a reason for suspension of execution of punishment] - There are no positive criminal records of the same kind of sexual traffic and there are no criminal records of the suspension of execution of punishment or more.

3. Determination of sentence: Imprisonment with prison labor for one year, suspended sentence for two years, and the defendant who has received an order to attend a course violates the Punishment of Arrangement of Commercial Sex Acts, etc. Act on December 2011;

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