2018Gohap 1121 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.), rooms

Violation of the Act on the Protection and Support of Subordinate Children, etc.

A

Bags (prosecutions) and gamblings (public trials)

Law Firm Two Superintendent

Attorney Lee Ho-ho

March 15, 2019

A defendant shall be punished by imprisonment for one year.

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

The defendant shall be ordered to take lectures to prevent sexual traffic for 40 hours.

The defendant shall be ordered to place an employment restriction for three years, such as the period related to children and juveniles.

Criminal facts

On February 2, 2018, the Defendant became aware of the victim C (the age of 17) who is a child or juvenile through the open hosting room B, which was a child or juvenile, in the middle of 2018.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On February 2, 2018, the Defendant paid 100,000 won to the said victim as the price for sexual traffic at the guest room in which the number of the Dongjak-gu Seoul Metropolitan Government Del is unknown, and provided the victim with sexual intercourse once.

As a result, the defendant was committing the act of purchasing the sex of children and juveniles.

2. Violation of the Act on the Protection and Support of Missing Children, etc.;

No person shall protect a missing child, etc. without reporting it to the chief of a police agency without justifiable grounds.

Defendant

A. On May 12, 2018, around 19:30 on May 12, 2018, the victim sent from the first floor F convenience store of the building located in Seocho-gu Seoul Metropolitan Government, providing accommodation to the victim from the above temporary point to May 13, 2018, including: (a) moving the Defendant’s vehicle to a mutual influorial model located in Seongbuk-gu Seoul Metropolitan Government, using the Defendant’s vehicle; (b) sexual intercourse with the victim once with the victim; and (c) return to the Seoul Nowon-gu Sing and Incheon, etc.;

B. On May 21, 2018, around 15:30 on May 21, 2018, the victim sent out before the exit No. H 9 located in Dongjak-gu Seoul Metropolitan Government, was sent out with the victim, who was going to get the victim, who was going to get the victim to receive medical treatment, and used the defendant's vehicle at the "L" restaurant located in Gwangjin-gu, Seoul, while providing the victim with accommodation from the above date to the end of May 24, 2018.

Accordingly, the defendant has protected missing children, etc. more than twice without justifiable reasons.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to C (tentatively named);

1. Report on internal investigation (Attachment of victim's profiling records) and investigation report (Attachment of text messages to the father of C of a suspect C);

Application of 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 (the Juvenile Sex Purchase, the Imprisonment Selection), Articles 17 and 7 of the Act on the Protection and Support of Missing Children and Juveniles against Sexual Abuse (the point of unregistered Report, Protection Act and the Selection of Imprisonment)

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest punishment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] Type 1 (Act of Purchasing the sex of children and juveniles) of sexual traffic crimes subject to the age of 19

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 10 months to 2 years;

(b) Violation of the Act on the Protection and Support of Missing Children, etc.: The sentencing criteria are not set; and

(c) Scope of recommending punishment based on the standards for handling multiple crimes: At least 10 months of imprisonment [limited to the lower limit of the standard for assessing punishment in accordance with the standards for sentencing for crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, since the crimes for which the sentencing criteria are set and the crimes for which no sentencing guidelines are set are set are concurrent crimes in the former part of Article

(d) Scope of recommended sentences that are modified by applicable sentences: Imprisonment with prison labor for one year to 15 years (where the scope of sentence recommended by the sentencing criteria is larger than the scope of statutory applicable sentences, it shall be subject to statutory applicable sentences); and

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

The crime of sexual purchase in this case is not completely established, and it is not good that it affects the sound sexual values of juveniles who lack judgment ability as well as the establishment of sound sexual culture in our society. The crime of protecting unreported juveniles is highly likely to be criticized for the defendant in that the adult defendant does not deliver the runaway juveniles to their home as soon as possible and even sexual relations in the process.

In addition, the legal representative of the victimized juvenile is trying to severely punish the defendant.

○ A favorable normal situation: The defendant recognizes his mistake and reflects his wrong, and the victimized juvenile is taking the defendant's wife against the defendant. In addition, the defendant has no record of criminal punishment prior to the instant case.

Where a conviction becomes final and conclusive against a crime of violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse on the judgment that constitutes a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to

Meanwhile, with respect to the defendant, a sex crime which causes the registration of personal information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent pursuant to Article 37 of the Criminal Act and the punishment is determined pursuant to Article 38 of the Criminal Act. The period for registering personal information resulting therefrom is 15 years pursuant to Article 45(1)3 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. However, in full view of the nature of each of the crimes in this case and the severity of the crimes, it is deemed unreasonable to determine the period of registration as above, and therefore, the period for

The presiding judge, judges and assistant judges

Judges Doese

Judges Park Young-chul