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(영문) 의정부지방법원 2017.05.01 2016고합597
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date this judgment becomes final and conclusive, each of the above punishments shall be executed for two years.

Reasons

Punishment of the crime

1. Defendant A, at around 16:00 to 17:00 on July 17, 2016, Defendant A, at the Defendant’s house of 306 and 406, he paid KRW 1.50,00 to H (M, 14 years of age) who became aware of through “G,” “G,” and had sexual intercourse with a child.

2. On July 5, 2016, the Defendant paid KRW 100,00 to H (n, 14 years of age) who came to know through “G”, which was located in Dodu-si I, Dong-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, Do-si, and Do-si, thereby purchasing a child’s sex.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement prepared by H;

1. Application of statutes on communications data;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which provides for the relevant legal provisions and the choice of punishment for each of the offenses against children;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Where a judgment of conviction becomes final and conclusive with respect to each of the crimes stated in the judgment on the registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse, the Defendants are 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, they are obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. Scope of punishment: Imprisonment with labor for up to five years;

2. The basic area of the first type (the scope of recommended punishment) (the act of purchasing the sex of a child or juvenile) from among the application of the sentencing guidelines [the types], the sexual traffic, the sexual traffic crime subject to the age of 19, the sexual traffic and the act of purchasing the sex of a child or juvenile, and October to June.

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for 2 years, each of the crimes in this case committed by adults is to color the other party through smartphone hosting application.

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