logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.02 2018고단270
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six 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 November 30, 2017, around 17:30, the Defendant decided to use the “C”, which is a smartphone, in front of the Seoul Northern-gu Seoul Northern-gu B, to meet the terms and conditions, and decided to pay 200,000 won of the price of sexual traffic to Da (n, 16 years of age) and to have a sexual relationship once.

As a result, the defendant recommended D to sell sex to children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 13 (2) 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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: One month to one year; or

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years, and unfavorable circumstances to an order to attend a lecture: Circumstances that are favorable to the nature of the crime in light of the background of the crime and the active nature of the intention to purchase the sex: The confession of the crime, the fact that there is no criminal record of the same kind, the defendant's age, sex, behavior, environment, motive and means of the crime, circumstances after the crime, and other various conditions of sentencing specified in the trial process shall be determined as the order.

The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (purchase, etc.) to register and submit personal information does not constitute “sexual assault against children and juveniles” under Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, but constitutes “sexual assault against children and juveniles” under Article 2 subparag. 2 of the same Act, but the victim is not under 13 years of age since the subject person is not under 13 years of age. Thus, it does not fall under those subject to the disclosure and notification order under each subparagraph of Articles 49(1) and 50(1) of the same Act.

The defendant is convicted of the criminal facts of the sex offense subject to registration.

arrow