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(영문) 광주지방법원 목포지원 2015.11.12 2015고합136
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

No person shall purchase sex of a child or youth.

Nevertheless, at around 20:30 on May 4, 2015, the Defendant parked the Defendant’s vehicle in the “DPC bank” parking lot located in Sinpo City, and paid KRW 50,000 as the price for sexual traffic to E (the age of 17) who became aware of through the previous mobile phone dumping display display, and paid KRW 17,00 to E (the age of 17) as the price for sexual traffic, as indicated in the attached list of crimes, and had a sexual relationship with E (the same method between around that time and July 7, 2015).

As a result, the defendant committed the act of purchasing sex of E, which is a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of the Acts and subordinate statutes by reducing the contents of mobile phone conversations;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides the corresponding legal provisions and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which was the largest penalty on July 7, 2015);

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 with respect to the facts constituting the crime indicated in the judgment on the registration of personal information under Article 21(2) main sentence and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the accused is obligated to submit personal information to the competent authority pursuant to

Reasons for sentencing

1. Scope of punishment by law: One year to ten years;

2. The act of purchasing child or juvenile sex in sexual traffic crimes subject to the age of 19 years according to the sentencing guidelines shall be the scope of recommendations on the sentencing guidelines (the scope of recommendations).

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