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A defendant shall be punished by imprisonment for not less than eight months.
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
On February 20, 2017, the Defendant: (a) around 17:35, in the Gangnam-gu Seoul Metropolitan Government, in the Curher 503 heading room; (b) in the curher 503 heading room; and (c) in the curing app “D”, the Defendant provided 130,000 won as the price for sexual traffic to E (the age of 17) and provided a single sexual intercourse with E to purchase the sex of juveniles.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Seizure records;
1. Application of the investigation report (related to photographic photographs verifying the appearance of the E) and the investigation report (related to the appearance of the juvenile E) to statutes;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of a sentence concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of 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. Reasons for sentencing under Article 48(1)1 of the Criminal Act (see Supreme Court Decision 2006Do5586, Nov. 23, 2006)
1. Six months to five years from the imprisonment with prison labor for a prison labor;
2. Imprisonment with prison labor for a range of 10 months to 2 years and six months (basic sphere);
3. The crime of this case by which the defendant did not fully establish the perception of sex and purchased the sex of a juvenile who lacks the ability to judge, and is not in the nature of the crime.
Since the crime of buying sex for juveniles not only infringes on the human rights of the relevant juveniles, but also has a serious adverse effect on the establishment of the proper and sound sex culture in our society, it is necessary to punish the crimes with strict penalties for the general prevention so that these crimes do not overlap.
However, considering the fact that the defendant recognizes the crime of this case and is the first offender who has no record of the crime, the sentence should not be imposed only once by taking into account the fact that it is against the law.
In addition, all the circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, etc., shall be determined as per the order.