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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 becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 19:00 on January 15, 2020, the Defendant, within the Defendant’s vehicle parked in the parking lot C located in Daejeon Seo-gu Daejeon Seo-gu, Daejeon, decided to “one-day south” through Twitter, and paid KRW 1.50,00 in return for sexual traffic to D (n, 17 years of age) who is a child or juvenile who has met, and had a single sexual relationship.
2. On January 20, 2020, the Defendant promised the price for sexual traffic with the above child or juvenile at the unmanned telecom with the company located at the end of the Cheongju-si in return for the promise of the price for sexual traffic, and then delivered KRW 200,000 in return for the promise.
As a result, the defendant had engaged in buying sex of children and juveniles twice.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes concerning the report of internal history (such as the details of receipt of the case), the closure photographs of the twitter and the closure photographs, suspect photographs, CCTV closure photographs;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall apply to the relevant criminal facts and the choice of punishment;
1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (Purchase, etc.) around the end of January 2020 with more severe penalty];
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Scope of punishment by law: One to fifteen years of imprisonment;
2. Scope of recommended sentences according to the sentencing criteria;
(a) The first crime (the decision on the type of sexual traffic) (the sexual traffic crime under the Act on the Protection of Children and Juveniles against Sexual Abuse) shall be the sexual traffic crime;