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(영문) 광주지방법원 2017.11.03 2017고합379
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2017, the Defendant, at around 16:00, engaged in the act of purchasing the sex of juveniles by hosting “D”, a smartphone, at around 16:00, in a mutual influence in Gwangju Mine-gu, the Defendant: (a) provided 120,000 won as a chemical name to E (the birth, 16 years old); (b) provided that he/she provided sexual intercourse with his/her female and a single gender.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to investigation reports (a copy of examination report filed by a suspect E);

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 therefor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: One year to ten years; and

2. The act of purchasing the sex of children or juveniles from the sexual traffic crime under the age of 19 to the age of 19: there is no type 1 (the act of purchasing the sex of children or juveniles) [the scope of recommended punishment] (the act of purchasing the sex of children or juveniles] [the scope of recommended punishment] basic area; the term of 10 months to 2 months.

3. Determination of sentence: One year of imprisonment and two years of suspended execution are the Defendant’s purchase of sex of E, which is a child or juvenile, and such crime may adversely affect the formation of a child or juvenile’s sexual values, and the quality of crimes is not good, as it also affects the establishment of a sound sexual culture in our society. However, the Defendant confessions the instant crime and has no previous conviction against the Defendant, the Defendant’s age, sexual behavior, environment, etc., and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court’s sentencing committee as above.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to a defendant who shall file for the registration of personal information and to submit the accused's conviction.

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