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(영문) 대구지방법원 2015.07.17 2015고합205
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment with prison labor 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

피고인은 2014. 7. 7. 19:00경 스마트폰 애플리케이션 ‘즐톡’에 “가출했는데 지리도 모르겠고 휴대폰 배터리도 없어 재워 줄 사람을 찾아요.”라는 글을 올린 C(여, 14세)에게 “재워주겠다.”라는 쪽지를 보냈고, 같은 날 19:00경 경산시 중방동에 있는 경산시장 부근에서 C를 만나 피고인이 근무하는 경산시 D에 있는 ’E주점‘에 가서 음식을 제공하였다.

Around 05:00 on July 8, 2014, the Defendant, along with C, paid KRW 30,000 for accommodation expenses to Gmotour in the above F, and entered into the telecom, and on the same day, C had sexual intercourse once at around 08:00 on the same day, and at around 19:00 on the same day, given the victim’s intention to engage in the cross-industrial region, and given KRW 20,000 to the victim.

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 each stenographic record and the statutes governing the forest subject to attachment;

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information pursuant to the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency

Reasons for sentencing

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

2. The basic area (from 10 months to 2 months) of the type of sexual traffic (the act of purchasing the sex of a child or juvenile) under the age of 19 shall be the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) and the basic area (the act of purchasing the sex of a child or juvenile).

3. Determination of sentence;

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