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(영문) 수원지방법원 안산지원 2017.09.22 2017고합141
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 February 13, 2017, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (such as the purchase of sex), provided a residence to F (F) who was a juvenile who became aware of through the “E” in Silung-si, 09:00 on February 13, 2017, and a sexual intercourse with F (F, 17 years of age).

After the birth of the drug, the sex of the juvenile was taught once, and the sex of the juvenile was expressed.

2. The defendant shall take 100,000 won out of the wallets of the victim who was locked by taking advantage of the cresh in which the victim F was lockeds at the time and place described in paragraph (1).

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing juvenile sex, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 1 and the choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed against a violation of the Act on the Protection of Juveniles from Sexual Abuse, which is heavier than the punishment, shall be aggravated);

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. 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. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes: Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (or purchase, etc. of sex);

2. Commercial sex acts subject to the age of 19;

(a) Neither the act of purchasing the sex of a child or youth [the scope of a recommended punishment] is a basic field, imprisonment with labor for 10 months to 2 years;

(b) Concurrent crimes: The category of larceny [decisions] group;

1. Two types of theft in general property (general larceny) (the scope of recommending punishment), the basic area of theft [the scope of punishment that is recommended], six months to one year and six months; and

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment;

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