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(영문) 의정부지방법원 2015.05.28 2014고합443
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") committed a sexual relationship instead of sending the victims' clothes or Handphones to the victim C (the victim, 13 years of age), and D (the 13 years of age), who did not have a well-known place as the runaways, by reporting the letters posted on the mobile phone hosting site called "Seoul Stockholm", and attempting to purchase the victims' sex, and communicating the victims in order with the victims in order.

At around 23:30 on November 25, 2014, the Defendant got out of the victims under 104 of the E-building No. 104, and went out of the victim C and panty, and went out of the victim C once, and went out of the victim D's will and panty, and proceeded with the victim D and once.

Accordingly, the defendant, who is a child or juvenile, had a child or juvenile victim C and D purchase sex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase of sex and the selection of imprisonment with prison labor) applicable to the relevant criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims C with heavier penalty);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Application of the sentencing criteria;

(a) The act of purchasing the sex of each child or youth in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the scope of recommendations) (the act of purchasing the sex of a child or youth under the age of 19 years) and the basic area (the act of purchasing the sex of a child or youth) (the act of purchasing the sex of a child or youth from October to February) is nonexistent;

B. The scope of final sentence due to the aggravation of multiple crimes: 10 months to 3 years (the upper limit of crimes No. 2).

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