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(영문) 서울남부지방법원 2016.09.01 2016고합309
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts;

A. On November 20, 2015, at around 01:00, the Defendant parked the Defendant’s E-mail car in the parking lot hole adjacent to the D Building in Kimpo-si, Kimpo-si, and provided 1.20,000 won as the price for sexual traffic and provided F with one-time sexual intercourse.

B. On January 1, 2016, the Defendant sent 150,000 won in cash to the price for sexual traffic at H unmanned telecom room located in G Kimpo-si, Kimpo-si, Kimpo-si, and provided F and once sexual intercourse.

2. Around 01:00 on February 21, 2016, the Defendant purchased the sex of a child or juvenile by giving cash of KRW 1.50,000 to the price for sexual traffic at the above H unmanned telecom, and by comparing the F (n, 17 years of age) who is a child or juvenile with one-time sexual intercourse with the child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on juvenile photographs;

1. Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., through which relevant Acts concerning facts constituting an offense, and the choice of punishment, and Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing the sex of a child or juvenile);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of adding up the long-term punishments of each offense as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest punishment];

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under the main sentence of Article 21 (2), (4), and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one year nor more than 12 years;

2. Application of the sentencing criteria;

(a) The offense of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and the sentencing criteria are not set.

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