Text
A defendant shall be punished by imprisonment for not more than ten months.
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 July 30, 2018, the Defendant paid KRW 60,000 to juvenile E (nive, 13 years of age) in return for the payment of KRW 130,00 to the said E through the “D”, Da Officetel 101 Dong 1103, which is a residence of the Defendant, around 14:00, the Defendant paid KRW 40,000 in return for the said E at the same place on August 3, 2018.
As a result, the defendant had engaged in buying sex of children and juveniles twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to the contents of the F dialogue;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under the main sentence of Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018) on the Protection of Children and Juveniles from Sexual Abuse, which is subject to employment restriction order
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to seven years;
2. The act of purchasing the sex of children or juveniles from the sexual traffic crimes subject to the age of 19 to the age of 19 on the basis of the sentencing guidelines: The basic area of the types of crimes (the area of recommendations and the scope of the punishment for children or juveniles) (the determination of the recommended area and the scope of the punishment for the children or juveniles), 10 months to 2 months (the scope of the punishment for the recommendation according to the criteria for multiple crimes) shall be punished by imprisonment for 10 months to 3 years.
3. The crime of this case in which the sentence of sentence is to be pronounced is a matter of purchasing the sex of a juvenile whose perception of sex was not properly formed by the defendant twice, and the nature of the crime is not good. The crime of buying sex of a juvenile needs not only infringe the human rights of the juvenile in question, but also to strictly punish the crime by seriously affecting the proper and sound sexual culture of society.