2017Gohap 1194 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.)

A

Lee Jong-young (Court of Prosecution) and Kim Young-Nam (Court of Justice)

Attorney B

April 19, 2018

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, and the defendant shall be ordered to take lectures to prevent sexual traffic for 40 hours.

Criminal facts

On June 24, 2017, at around 12:00, the Defendant came to contact with the cell phone hosting 'C' for the purpose of meeting the conditions and promised to send 300,000 won to D (W, 17 years of age) who was a juvenile of the conditions, and to have a sexual relationship.

At around 13:00 on June 24, 2017, the Defendant, at the Gmo Youth 214 room located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, paid 300,000 won for sexual traffic to the said youth D and provided sexual intercourse twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Control note;

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 (Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

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. The legal applicable range of sentencing

6.5 years of imprisonment

2. Scope of recommended sentences for sentencing criteria;

[Determination of Type] The purchase of sex by children and juveniles in sexual traffic crimes under the age of 19 years (the purchase of sex by children and juveniles)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of 10 months to 2 years

3. Determination of sentence;

The crime of buying sex of juveniles is highly likely to have a serious adverse effect on the sexual identity and values of the juveniles at the stage of establishing the sexual identity and values, and it is necessary to punish them strictly because they encourage them to engage in sexual acts for the purpose of money and goods. The crime of this case is committed by the defendant only with the 17-year-old juvenile who became aware of through smartphoneing at the telephone or with the above juvenile's sex purchase at the telephone, and its nature is not good in light of the contents of the crime.

However, the Defendant recognized all of the instant crimes when committing the instant crime in this court, and is against his/her wrongness. The Defendant has no record of criminal punishment except for those punished twice by fines. The Defendant voluntarily takes lectures on sexual education to correct his/her wrong sexual concept.

In full view of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to the registration 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 the defendant is obligated to submit personal information to the competent agency

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins

1) Although the instant indictment is written as E, according to the evidence of the judgment, the Defendant became aware of D through 'C' of cell phone-type display displays.

Since the facts have been recognized, part of the facts charged was revised to the extent that it does not infringe the defendant's right of defense.