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(영문) 대구지방법원 2018.03.16 2018고합21
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 June 10, 2014, the Defendant: (a) posted the content that the Defendant was in need of locking from the victim E, a child or juvenile, who was known through the “D” of smartphone fix, at around 23:00 on June 10, 2014; (b) provided the victim with the Defendant’s residential address known to the Defendant, and provided the Defendant with the Defendant with a place of locking KRW 17,000,000 in food market price, such as knin, and provided him/her with a knick, and issued KRW 10,000 on the pretext of money.

As a result, the defendant was committing the act of purchasing child or juvenile sex.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. E’s statement in each statement recorded in each video CD;

1. Application of the F dialogue-related Acts and subordinate statutes;

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 (wholly considering the favorable circumstances) of the suspended execution;

1. Where a conviction against a defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

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 punishment according to the sentencing criteria (the type of determination) - The sexual traffic crime group.

2. Commercial sex acts subject to the age of 19;

(a) purchase of sex of children and juveniles [the scope of decisions and recommendations in the sphere of recommendations] - Basic area, imprisonment with prison labor from October to June 2;

3. The defendant has provided 10,00 won and locked to a woman who is merely 13 years of age, and has sexual intercourse. The details and circumstances of the crime, the age of the victim, etc.

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