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(영문) 춘천지방법원 강릉지원 2018.11.29 2018고합66
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

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 from a child or youth in return for providing or promising to provide money, valuables, other property gains, services, convenience, etc. to such child or youth.

On January 2018, the Defendant came to know of the victim C (one-seven years of age) through B Messenger around 2018.

On April 13, 2018, around 15:30 on April 13, 2018, the Defendant: (a) sent the victim to E in front of the Defendant’s vehicle, and then sent the victim to the passenger room of the second floor of the unmanned telecom in G located in Gumisi F, Gosisi, and paid 20,000 won to the victim; and (b) sent the victim two times of 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. Video-recording CDs or stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (the summary of victim's statement and the content of conversation);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Order to complete a program, Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018);

1. Where a conviction becomes final and conclusive against a crime subject to the registration and submission of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), 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 thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. Scope of recommending punishment: Imprisonment for six months to five years;

2. Application of the sentencing guidelines [the types of decisions] types 1 (the act of purchasing the sex of children and juveniles) (the scope of recommended punishment] basic areas (the act of purchasing the sex of children and juveniles) (the scope of sentenced punishment from October to two years).

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