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(영문) 광주지방법원 2016.11.25 2016고합359
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Around May 17, 2016, the Defendant: (a) provided a single-time sexual intercourse with the said juveniles on May 17, 2016, where the trade name in Gwangju Mine-gu C is unknown; (b) provided a juvenile D(n, 15 years old), and E (n, 15 years old); (c) provided a lodging in the telecom; and (d) provided an opportunity for the said juveniles to go to Seoul on the following day; and (c) provided one-time sexual intercourse with the said juveniles.

Accordingly, the Defendant committed child, juvenile D and E acts of purchasing sex.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. The offense of violation of the Act on the Protection of Children and Juveniles against Juveniles against the accused subject to each police interrogation protocol against E and D is not subject to an order of disclosure or notification;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, each of the relevant Articles and the choice of punishment for the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse against D with a heavier penalty);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: The basic area of crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of Punishment] and the act of purchasing the sex of a child or juvenile from a sexual traffic crime under the age of 19 years (the act of purchasing the sex of a child or juvenile) (the act of purchasing the sex of a child or juvenile] (the act of purchasing the sex of a child or juvenile from a special person]; the basic area of punishment; the term of imprisonment from October to June;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for up to 10 months and up to 3 years and up to 9 months (up to 1/2 of the upper limit of concurrent crimes);

3. Determination of sentence: The defendant shall be sentenced to one year and four months of imprisonment, and the crime of this case for two years of suspended execution;

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