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(영문) 울산지방법원 2016.02.18 2015고합359
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 2013, 2013, the Defendant recommended D (V, 14 years of age) who had met juveniles to exchange 150,00 won with sex and sell sex within a Moel where the trade name and heading room of Ulsan-gu, Ulsan-gu, Busan-do cannot be known. In order to do so through Internet hosting, the Defendant recommended D (V, 14 years of age) to sell sex.

2. On January 201, 2014, the Defendant purchased the sex of a juvenile by giving 150,000 won and giving her sexual intercourse within a mother telecom with which it is impossible to find out the trade name and heading of the Nam-gu, Ulsan-gu, Ulsan-do, Ulsan-do., the Defendant purchased the sex of a juvenile by using her sexual intercourse with her 150,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions and Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the solicitation of juvenile sex trafficking, the choice of imprisonment, and the choice of punishment) concerning criminal facts and Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of juvenile sex and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up to the sum of concurrent crimes with punishment prescribed for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse (sexual Purchase, etc.) due to heavy gender purchase, and the long-term punishment for the above two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction becomes final and conclusive with respect to each criminal fact stated in the judgment on the registration and submission of personal information under Articles 21(2) main sentence and 21(4) of the Act on the Protection of Juveniles against Sexual Abuse against Children, the Defendant constitutes 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 submission of personal information to the competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 11 years;

2. Whether the sentencing criteria are not set; and

3. Determination of sentence: The defendant, who has been sentenced to a suspended sentence of one year, is an adult with sound sexual morality of a child or juvenile;

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