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(영문) 서울중앙지방법원 2017.07.07 2017고합351
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 March 2016, the Defendant puts the phrase “17 years of age and D, because the life of the female passenger needs to be cut off, 150,000 won as a result of sexual intercourse with the victim,” and 150,000 won as a result of sexual intercourse, the Defendant provided the victim with sexual intercourse with the victim at the FF University located in Seoul and E, and paid 150,000 won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (The details and result of the request for mobile analysis from theC mobile phone);

1. Application of the statutes governing outputs of victim C mobile phone analysis data;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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) and Article 21 (4) 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 according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment]. There is no type 1 (the act of purchasing the sex of a child or juvenile] [the scope of the recommended punishment] (the area of recommendation and the scope of the recommended punishment], the basic area of the punishment, October to June.

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence, the crime of this case committed by the defendant who is an adult is not completely established in order to resolve his sexual desire, and it is not good to purchase the sex of the victim who is a juvenile with lack of judgment ability, without completely establishing the awareness of sex through smartphone hosting application.

In addition, this act shall be the juvenile in question.

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