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(영문) 수원지방법원 평택지원 2016.09.09 2016고합73
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant became aware of the child and youth D (W, 15 years old) through “C”, which is a smartphone hosting c, around the end of January 2016 or around the beginning of February 2, 2016.

1. On February 6, 2016, around 23:00, the Defendant paid 30,000 won to D from the Felher in Bupyeong-gu Incheon Bupyeong-gu E, and had sexual intercourse with D, thereby purchasing child or juvenile sex.

2. On February 15, 2016, from around 06:40 to February 17, 2015, the Defendant continuously sent D a G message to the effect that “the rectification of a sex relationship with the reduction of KRW 50,000” was the method of transmitting the said message. On February 17, 2015, the Defendant solicited D to attract children and juveniles or to sell sex for the purpose of morale of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the D;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of gender purchase, the choice of imprisonment with prison labor), and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of soliciting sexual traffic, the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the Protection of Children and Juveniles against Sexual Abuse due to the purchase of more severe punishment and the punishment for each of the crimes above shall be aggravated;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 the competent agency pursuant to Article 43 of

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than six months nor more than five years and six months; and

2. Scope of the recommended sentencing criteria; and

(a) the first crime in its holding;

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