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.

Punishment of the crime

피고인은 2014. 7. 9. 16:00경 제주시 C에 있는 D 모텔 505호실에서, 스마트폰 채팅 어플인 ‘즐톡’을 통하여 알게 된 E(여, 15세)와 만나 1회 성교행위를 하고, 그 대가로 가출하여 갈 곳이 없는 위 E에게 위 모텔 숙박비용과 현금 5만 원을 제공하여 아동ㆍ청소년의 성을 사는 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A report on investigation intelligence and detailed information about runaways, such as missing children, etc., investigation reports;

1. 즐톡대화내용, 2014. 7. 29.자 압수수색검증영장회신 법령의 적용

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information pursuant to the main sentence of Article 21(2) 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, and thus, is obligated to submit personal information to a competent agency

Reasons for sentencing

1. Scope of applicable sentences under law: Six months to five years; and

2. Application of the sentencing guidelines [Determination of types of punishment] The act of purchasing the sex of children and juveniles from the sexual traffic crime subject to the age of 19 years and the act of purchasing the sex of children and juveniles: Type 1 (the scope of recommending the sex of children and juveniles) / [the scope of recommending the punishment] basic area, 10 months to 2 years and 6 months [the general person] - The mitigated element : The serious reflect [whether or not a reason for suspension of execution is suspended] - The socially significant relation is not positive for the same kind of sexual traffic, and there is no criminal conviction for suspension of execution or more.

3. Determination of sentence: Ten months of imprisonment; and