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(영문) 창원지방법원 마산지원 2018.01.26 2017고합93
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2016, the Defendant: (a) performed sexual intercourses with the victim E (V) who is a juvenile in contact with him/her through the “D” of smartphone-rating fluoring d; (b) provided the victim with cash KRW 100,000; (c) on March 12, 2017, the Defendant provided the victim with cash KRW 100,000 in a mother telecom with the trade name located in Changwon-si, Changwon-si; and (d) provided the victim with cash KRW 10,000 in return for doing sexual intercourses with the said victim.

As a result, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 therefor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 under law: Imprisonment for six months to five years; and

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] shall be limited to the basic area of the first type (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles) [the scope of recommended punishment], October, 10-two years and six months;

3. The instant crime of determining sentence is not completely established with the perception of sex, and that it purchased the sex of a juvenile with weak ability to determine, and such crime is not good in that it affects the sound sexual culture of our society as well as the formation of sound sexual values.

The Defendant again committed the instant crime even though he/she was ordered to suspend indictment due to commercial sex acts in 2016.

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