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(영문) 수원지방법원 2014.09.23 2014고합362
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 15, 2014, at around 05:40 on February 15, 2014, the Defendant: (a) provided 100,000 won to the victim D (n, 14 years of age) who became aware of through Internet carpets around Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) provided 10,000 won to the victim; and (c) included the victim’s chest in the victim’s sexual organ, thereby purchasing the victim’s sex.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on dialogue details

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

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

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

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. Six months to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. The basic area of applying the sentencing criteria (the scope of recommendations) (the act of purchasing the sex of children or juveniles from among the sexual traffic crimes subject to the age of 19 to the age of 19): Imprisonment with labor for not less than 10 months to not less than 2 months.

3. The crime of this case committed by the Defendant, who is an adult who has a social responsibility to protect juveniles so that they can have a sound sexual morality and to lead them to a correct way, purchased the sex of the 14-year youth at the time of normal formation of sexual identity and values, and is not in good quality.

However, the court shall take into account the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment for the same crime, the fact that the defendant confessions the crime, the fact that the defendant is against himself/herself, and the fact that he/she does not reach a direct sex relationship, and shall determine the punishment as ordered in consideration of the age, character and conduct, family environment, family relationship,

Where a conviction is finalized against a defendant who has registered personal information, the defendant shall be punished by Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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