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(영문) 대구지방법원 2015.08.21 2015고합263
아동ㆍ청소년의성보호에관한법률위반(성매수등)
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

On November 22, 2014, around 23:30 on November 22, 2014, the Defendant: (a) performed a sexual intercourse with C (i.e., 13 years of age) and 1.50,000 won in return for the act of purchasing child and juvenile sex at an influent room in the new-dong-gu, Daegu-gu Macheon-dong through an “Graxek,” which is a mobile phone-making cream, in the immediately preceding cell phone-making room.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of stenographic records (C) Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides relevant legal assistance to facts constituting an offense and is subject to the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

Reasons for sentencing

1. From 1 to 10 years of imprisonment with prison labor for a prison labor within the scope of applicable sentences;

2. The basic area of the purchase of sex from children or juveniles (the scope of the recommended area and the range of the recommended punishment), the basic area of the purchase of sex from children or juveniles under the age of 19 (the determination of types) according to the sentencing guidelines, 10 months to 2 months, and 6 months.

3. Although the Defendant, as an adult, has a social responsibility to respect and protect the rights and interests of children and juveniles as well as human rights, the Defendant committed sexual purchase against female juveniles who are 13 years of age only for the purpose of pursuing sexual improvement, and thus, the nature of the instant crime is heavy.

However, the defendant is the first offender with no criminal records, and his mistake is divided in depth, and the defendant does not repeat again in the future, and the defendant is the second and the second and the second and the second and the second are the second and the second and the second and the second are the second and the second and the second.

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