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(영문) 울산지방법원 2016.06.03 2016고합12
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On September 21, 2015, the Defendant decided to provide D(17 kn, n) with ‘C' through ‘C', a smartphone-making and knife knife knife knife knife knife knife knife'. On the same day, around 15:30 on the same day, the Defendant knife knife knife knife knife knife knife knife knife knife knife knife kn

In addition, from that time until October 6, 2015, the Defendant had sexual intercourse with the aforementioned D in a total of six times, such as the list of crimes in attached Form D, thereby purchasing the sex of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (a summary of video recording statement);

1. Application of Acts and subordinate statutes on telephone details;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for each of the offenses against children;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse (referring to purchase, etc. of sex), which is the most serious crime No. 6];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than seven years and six months;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] that there is no act of purchasing the sex of a child or juvenile (any person subject to special sentencing] (the scope of the recommended punishment] from 10 months to 2 years and 6 months (the basic area);

3. The Defendant, who was sentenced to sentence, was 17 years of age at the time to meet one’s own sexual identity, was able to have six times the sex of juvenile D, which is merely 17 years of age, and such a crime has a negative impact on the formation of sexual values and has a sound sexual morality of ordinary people.

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