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(영문) 수원지방법원 2016.08.23 2016고합355
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

Criminal facts

On June 1, 2016, the Defendant promised 120,000 won in return for sexual intercourse to D (the age of 16) in return for sexual intercourse at the Defendant’s residence located in Gannam-si, D, and issued 120,000 won in cash to D, by inserting the Defendant’s sexual organ into the sexual organ of the victimized person.

As a result, the defendant was committing a child juvenile's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording notes;

1. Copy of the police statement made to D;

1. Reports on internal investigation by the police (including attached data to SNS photographs sent and received by the suspect and the victim);

1. Police investigation report (including attached data by attaching photographs of suspect Handphones);

1. Documents to be sent (Detention suspects E);

1. Application of telephone recording CD-related Acts and subordinate statutes;

1. Article 13 (1) of the Act on the Protection of Juveniles from Sexual Abuse, which is applicable to the relevant criminal facts and Article 13 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration as seen earlier);

1. A person who is finally and conclusively convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles against Sexual Abuse by a child 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 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 pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc

Reasons for sentencing

1. Six months to five years from the imprisonment with prison labor for a prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the punishment] in the basic area of the first category (the act of purchasing the sex of a child or juvenile] [the act of purchasing the sex of a child or juvenile] [the act of purchasing the sex of a child or juvenile] [the act of buying the sex of a child or juvenile] from October to June.

3. Determination of sentence;

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