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(영문) 서울중앙지방법원 2018.05.24 2018고합60
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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 August 29, 2017, the Defendant, along with C and D on August 29, 2017, contacted the youth F with the so-called “E” with “M,” with “M,” and concluded a gender relationship with three juveniles including F, respectively. On August 29, 2017, the Defendant, at around 06:00 on August 29, 2017, through I (0: 14 years of age), who was even the Defendant, was able to join the Defendant’s sexual organ by promptly entering the Defendant’s sexual organ, scambling it with his/her hand, and paying KRW 200,000 to him/her for that act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. 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. Six months to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the recommended sentence on the sentencing guidelines [the types of decisions] [the scope of the recommended sentence] in the basic area of the first category (the act of purchasing the sex of children and juveniles) (the act of purchasing the sex of children and juveniles] [the area of recommendation] [the scope of the recommended sentence] in accordance with the sentencing guidelines, 10 months to 2 months.

3. The crime of having sexual identity and values of a juvenile who has determined the sentence of punishment is highly likely to have a serious adverse impact on the juvenile who has not been able to establish his/her sexual identity and values, and it is necessary to punish him/her strictly because he/she encourages the juvenile to engage in sexual conduct for money and other valuables.

The crime of this case is committed by the defendant only by the defendant's 14-year-old juvenile living together with the above juvenile's sex, and the contents of the crime and the crime.

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