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(영문) 청주지방법원 2020.11.20 2020고합199
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

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.

Reasons

Punishment of the crime

On January 24, 2020, the Defendant: (a) around 16:20, around 16:20, at the guest room located on the second floor of the Cheongju-gu Unmanned Bab, the Defendant decided to use Twitter for “one-day” through Twitter; and (b) paid KRW 200,000 in return for sexual traffic to C (V, 17 years of age) who is a child or juvenile who has met, and had a single sexual relationship.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of CCTV to C of a suspect interrogation protocol to the police suspect concerned to the Acts and subordinate statutes

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020; November 20, 2020; hereinafter referred to as the same) amended to expand the subject of an disclosure order, disclosure order, and notification order from “sexual assault against children or juveniles” to “sexual assault against children or juveniles,” cannot be applied to the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) committed prior to the enforcement of the aforementioned Act pursuant to Articles 1 and 3 of the Addenda (amended by May 19, 2020) of the same Act, and thus, the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) are not subject to disclosure order and notification order.

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

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