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(영문) 수원지방법원 2018.02.08 2017고합787
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On August 17, 2017, the Defendant: (a) committed an act of purchasing child or juvenile sex by promising another person to engage in only the conditions through “E” in the Cheongju-si, a considerable amount of Cheongju-si around 08:34; and (b) paying KRW 100,000 in return for sexual intercourse to Fur who is a young juvenile (the age of 16).

2. Around August 17, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a GG car without obtaining a driver’s license from the 60 Domp. 160 Dop. 60 Dop. Dop-ro, Cheongju-si, Cheongju-si, to the Dless Dop, located in a considerable area of C at the same time from the 60 Dop. to the 3.8 km road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Statement made by the police with regard to F;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a report on internal investigation (referring to the internal investigation of attaching photographs after the closure of the contents of the conversation);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of juvenile sex, the selection of imprisonment with labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the same Act on criminal facts (the driving without a license, the selection of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments for crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) with heavy punishment)

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. Where a conviction becomes final and conclusive for a crime against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in the judgment on the registration of personal information of Article 21(2) and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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.

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