Text
A defendant shall be punished by imprisonment with prison labor for up to 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
Criminal facts
1. On September 2020, the Defendant paid 150,000 won for sexual traffic to B (V, 16 years of age) who became aware of the fact through a mobile phone-type cumping “national fishing ground cumping” in the influence near Daegu-gun, Taegu, Daegu-si, 2020, and paid 1.5 million won for sexual traffic to B (V, 16 years of age) in cash.
As a result, the defendant was committing the act of purchasing child or juvenile sex.
2. On October 9, 2020, the Defendant engaged in sexual intercourses with B on the same manner as paragraph 1, at an influent telecom near Daegu-gu, Daegu-gu, Daegu-gu, and in the same manner as paragraph 1.
As a result, the defendant was committing the act of purchasing child or juvenile sex.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on the withdrawal of cash statements made by victims D;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the choice of punishment for the crime, and the selection of punishment for imprisonment;
1. Imposition of aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes for concurrent crimes as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase of sex, etc.), which is heavier than the punishment, on October 9, 2020] Article 53 and Article 55(1)3 of the Act on the Reduction of Reduced Quantity of Crimes (the consideration for favorable circumstances among the grounds for sentencing as set forth below);
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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The instant crime subject to an order of disclosure and notification is not a “sexual crime against children or juveniles” among “sex crimes against children or juveniles,” and the Defendant is not a person subject to an order of disclosure and notification of personal information under Articles 49(1) and 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020). Thus, an order of disclosure and notification of personal information is not imposed.
An order for disclosure and notification shall be subject to "sexual crimes against children and juveniles".