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(영문) 부산지방법원 2014.09.26 2014고합486
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The Defendant entered the facts charged of C (13 years old) that he/she became aware of through a smartphone-rating c in the judgment of the Defendant as the victim of the crime, but pursuant to Article 2 subparag. 6 and subparag. 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse, it is apparent that the child or juvenile who was the other party to the crime under Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is not a "victim or juvenile", and thus, ex officio the “victim” is corrected as “C”.

On May 29, 2014, around 20:20 on May 29, 2014, C in front of the Eastdong Middle School located in the Dongdong-dong, Busan Metropolitan City, and C was transferred to the international marina apartment underground parking lot in the same Dong-dong.

The defendant had sexual intercourses with C in the above combined vehicles, and paid 100,000 won under the name of the belt to purchase the sex of juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing Kakao text messages;

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. Determination of the scope of recommendations: The types of sexual traffic crimes, sex trafficking crimes subject to the age of 19, and general persons who engage in the conduct of buying sex from children or juveniles - mitigated elements - the range of recommendations that have no force on serious reflectivity or criminal punishment: Imprisonment with labor for not less than 10 months to not more than 2 years;

3.The main reasons for the suspension of execution - The reason for the general witness who has no record of criminal punishment - the same kind of criminal record.

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