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집행유예
(영문) 울산지방법원 2015.5.14.선고 2015고단445 판결
아동·청소년의성보호에관한법률위반(성매수등)
Cases

2015dan445 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.)

Defendant

A (71 years, South Korea), Company Board

Prosecutor

Kim Jong-Un (Court Prosecution) and Kim Jong-Un (Court Decision)

Defense Counsel

Attorney Kim Jin-hoon (Korean National Assembly Line)

Imposition of Judgment

May 14, 2015

Text

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

except that the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant shall be ordered to complete community service for 80 hours and sexual assault treatment programs for 16 hours.

Reasons

Criminal facts

On January 21, 2015, the Defendant, at around 24:12, 12, 12-12, 17-12, 200, 200, 2000, 200, 2000, 2000, 2000, 2000, 200,000, 2000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00,00,000.

Accordingly, the defendant was entitled to sell the sex to children and juveniles for the morale of the sex of children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on the maximum ○○ and Kim○-○

1. A written statement of the largest ○○ and Kim○○.

1. An investigation report (or a parking lot after the existence of a worker at the scene of the crime);

Application of Statutes

1. Relevant Articles of criminal facts;

Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to provide community service or complete a program;

Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 62-2 of the Criminal Act

Reasons for sentencing

Although the Defendant, as an adult, has the social responsibility to keep a child or juvenile from becoming the counter-party to the act of purchasing sex, it is not good that the Defendant solicits the purchase of sex of female juveniles who are 15 years old or older at the time to form sexual identity and values, and the quality of such crime is not good: Provided, That the punishment shall be determined as ordered in consideration of various sentencing factors shown in the records and arguments, such as the Defendant’s favorable circumstances and other factors, such as the Defendant’s age, character and behavior, environment, family relationship, and criminal records, such as the fact that the Defendant is led to confession and reflect, and that the actual sex does not reach the age of the Defendant.

Since it is recognized that the risk of recidivism is reasonable, the community service order and the order to complete sexual assault treatment programs are added to considerable time.

Registration of Personal Information

Where a conviction of a defendant against the crime of this case becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Exposure, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Disclosure Order Parts

The instant crime does not constitute a crime subject to an order to disclose registered information under Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant’s registered personal information is not ordered to disclose.

Judges

Judges Lee Gyeong-won

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