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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a program to prevent sexual traffic for 40 hours.
Reasons
Punishment of the crime
No person shall purchase sex of a child or youth.
Nevertheless, around October to December 2018, the Defendant stated that the instant indictment was stated as “ around December 2018,” and subsequently changed to “ around October 2018,” through amendments to the indictment.
However, according to each evidence of the judgment, the time when the defendant purchased the sex of B, which is a child or juvenile, shall be deemed to be " October through December 12, 2018".
Although the specific date of the instant crime is not specified, as recognized, the Defendant also purchased B’s sex only once, and the place, method, etc. of the instant crime are relatively specific and thus it is possible to sufficiently distinguish it from other criminal facts. Even if following the above date, double indictment or statute of limitations does not hinder.
Therefore, even if this part of the facts charged is revised as above, it would not cause any substantial disadvantage to the defendant's right of defense. Thus, it shall be corrected ex officio.
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As a result, the defendant was committing the act of purchasing child or juvenile sex.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. The police statement concerning B;
1. The criminal place;
1. Application of Acts and subordinate statutes to each investigation report (verification of the same kind of power, recording and recording records);
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with labor for the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Order to complete a program, Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;