A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On July 11, 2020, the Defendant: (a) around 16:35 on July 11, 2020, around 15:35, the Defendant: (b) around 150,000 won to Dan D (the age of 15,00; and (c) had sexual intercourse with the above D, thereby purchasing child or juvenile sex.

Summary of Evidence

1. Application of a reply report (Evidence Nos. 6, 9, 10, 11 of the evidence list), investigation report (Evidence No. 1 of the evidence list) to the police’s warrant of search, seizure, and verification on the defendant’s legal statement D, the application of the Acts and subordinate statutes on the CD’s CDs, CDs and closure photographs, and the victim’s telegraphic photo

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020), which were amended to expand an order to disclose or disclose information to the public, and an order to notify “sexual assault against children or juveniles” to “sexual assault against children or juveniles,” cannot be applied to the instant crime committed by the Defendant prior to the enforcement of the aforementioned Act pursuant to Articles 1 and 3 of the Addenda (amended by May 19, 2020) of the same Act.

The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse falls under “sex offenses against children or juveniles” as prescribed by Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, but does not fall under “sexual offenses against children or juveniles” as prescribed by Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse.