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(영문) 제주지방법원 2013.11.26 2013고단1325
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for six months.

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

피고인은 2013. 5. 3. 14:30경 제주시 B 부근의 상호불상의 무인 모텔에서, 스마트폰 채팅 애플리케이션인 ‘즐톡’을 통하여 알게 된 아동청소년 C(여, 13세)을 만나 16만 원을 주고 C으로 하여금 피고인의 성기를 손과 입으로 애무하는 등 유사성교행위를 하게 함으로써 아동청소년의 성을 사는 행위를 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on mobile phone messages;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the selection of punishment for the crime: Before the amendment by Act No. 11572, Dec. 18, 2012, and enforced June 19, 2013;

(a) The same shall apply;

Article 10(1), Selection of Imprisonment

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend lectures: Article 13 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from disclosure and notification orders: A sentence shall be imposed as ordered in consideration of all the following circumstances as the reasons for sentencing under the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse. A favorable circumstances: A criminal record has been committed for the same kind of crime and the defendant's age, occupation, family relationship (spouse, 6-year-old children) and other actors who purchased sex from juvenile C of this case who have been punished D (this Court Decision 2013No1089, 90, 100), E (2013No. 105, 1055, 91) and F (2013No. 105, 91). Where a conviction of the defendant against the sex offense subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 3 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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