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(영문) 대구지방법원 2014.10.24 2014고합395
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2013, the Defendant: (a) around 15:00, on September 15, 2013, 100 million won for juvenile C (in female, 14 years of age) and had sexual intercourse with the female, thereby purchasing the sex of the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. 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 (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 21(2) and (3) 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 thus, he/she is obligated to submit personal information

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. The act of purchasing child or juvenile sex from a child or juvenile under the age of 19 to the basic area of recommendations on the sentencing guidelines (the determination of types of recommendations) (the scope of decisions and recommendations made in the area of recommendations), the basic area of punishment (the scope of decisions and recommendations made in the area of recommendations), October or June.

3. In light of the legislative intent of Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which intends to specially protect the sex of a child who is not able to exercise the right to sexual self-determination, at the time of committing the instant crime, the age of the juvenile who is the other party to sexual purchase, was very old as 14 years of age, and the defendant needs to be punished strictly

However, the defendant has no record of being punished for the same crime, or of being sentenced to suspension of qualification or heavier punishment, and the defendant's committing the crime of this case shall not be re-offendered.

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