(영문) 서울중앙지방법원 2018.2.9. 선고 2017고합1311 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to take lectures to prevent sexual traffic for 40 hours.

Reasons

Criminal facts

1. On August 25, 2017, at around 04:00, the Defendant committed an act of purchasing the sex of a juvenile by drinking up the youth F, which was promised to meet the so-called ‘E’ through the so-called ‘D' 'D' 'E' 'E', located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and paying 350,000 won in cash, in return for doing so.

2. On August 27, 2017, around 08:30 on August 27, 2017, the Defendant engaged in the act of purchasing the sex of juveniles by drinking out the above FF one time by sexual intercourse, and by paying KRW 2.60,000 in cash in a Moel where it is difficult to know the trade name near the Seoul Metropolitan area located in 1822, Nam-gu, Seoul Special Metropolitan City, Seoul Metropolitan City.

3. On August 29, 2017, around 06:00, the Defendant: (a) performed the act of sexual intercourse with “HMoel” in Nam-gu Incheon Metropolitan City G on a single occasion; (b) paid KRW 200,000 in cash in return for the act of buying sex for juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement made with the F;

1. Family relation certificate or abstract or abstract of resident registration record card;

1. Application of CCTV video recording CD-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Selection of Imprisonment;

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Corrupt Practices, etc.) of August 29, 2017 with the largest penalty]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (As above, considering these circumstances)

1. Order to attend lectures;

Registration and submission of personal information under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Where a conviction becomes final and conclusive against a crime in the judgment, 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 thus is obligated to submit personal information to the competent agency pursuant to Article 43

1. The grounds for sentencing: Imprisonment with prison labor for not less than six months nor more than seven years and six months;

2. Application of the sentencing criteria;

[Extent of Recommendation] Type 1 (Act of Purchasing the sex of children and juveniles) is the basic area (from October to June 2) of sexual traffic crimes under the age of 19.

【Special Convicted Person】

* Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for up to 10 months up to 4 years;

3. The crime of this case committed by an adult is that the defendant purchases the sex of a child or juvenile whose values of sex have not yet been fully established, and is likely to have an adverse impact on the sound growth of the other child or juvenile, as well as on the settlement of proper and sound sex culture, and thus, the crime of this case is deemed to be bad, highly harmful to society, and the defendant repeated the crime three times, and the age of the other child or juvenile was over 14 years.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and has no record of punishment heavier than a fine, the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime of this case and the circumstances after the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the argument of this case, such as