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(영문) 광주지방법원 2017.02.10 2016고합533
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 October 11, 2016, at around 11:00, the Defendant paid KRW 120,000 to F (n, 16 years of age) who is a child or juvenile with a cell phone-rating pole at Dlessel located in Gwangju Northern-gu C, Gwangju, through “E”, and provided one-time sexual intercourse.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the details of E-Character messages;

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. Scope of applicable sentences under law: Six months to five years; and

2. The act of purchasing the sex of children or juveniles from the sexual traffic crime under the age of 19 to the age of 19: there is no type 1 (the act of purchasing the sex of children or juveniles) [the scope of recommended punishment] (the act of purchasing the sex of children or juveniles] [the scope of recommended punishment] basic area; the term of 10 months to 2 months.

3. Determination of sentence: 10 months of imprisonment with prison labor, and 2 years of suspended sentence purchase of F’s sex, which is a child or juvenile, such a crime may adversely affect the formation of a child or juvenile’s sexual values, and such a crime may adversely affect the establishment of a sound sexual culture in our society, which is disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the confession of the crime of this case and the fact that the defendant has no record of criminal punishment.

In addition, all the sentencing factors shown in the arguments of this case, such as the defendant's age, sex, environment, etc., and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee mentioned earlier.

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