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(영문) 수원지방법원 2017.09.07 2017고합484
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

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

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

Reasons

Punishment of the crime

On June 20, 2017, the Defendant paid 80,000 won to juvenile D (the age of 16) who became aware of in-house c apartment complex in Suwon-si, Suwon-si, Seoul-si, which was a c apartment lot, and provided a single sexual intercourse, thereby purchasing juvenile sex.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on smartphone-recording conversations and Defendant vehicle mobile photographs;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Grounds for sentencing under Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines: The basic area (10 months to 2 years and 6 months) (no person in special sentencing) (10 months to 10 months) (no person in special sentencing) shall purchase the sex of children and juveniles from the sexual traffic crime subject to the age of 19.

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence mean the purchase of sex of a juvenile whose perception of sex is not fully established, and the crime of this case is not less than that of the crime, but it is highly likely to be criticized in that the crime of buying sex of a juvenile has a serious adverse effect on the establishment of the proper and sound sexual culture in our society.

However, the circumstances favorable to the defendant include (1) the fact that the defendant is deemed to have recognized a crime, (2) the fact that the defendant has no criminal records of the same crime or criminal records of suspended execution or above, and (3) the fact that the defendant has dependents, with the exception that the defendant was sentenced to a fine due to driving of drinking around 20

The age, environment, sex, and motive and motive of the crime of the defendant.

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